To Really Love Liania Shinta

Religius Law

2009-04-08T00:51:00.000+07:00

Religious law refers to the notion of a religious system or document being used as a legal source, though the methodology used varies. For example, the use of Jewish Halakha for public law has a static and unalterable quality, precluding amendment through legislative acts of government or development through judicial precedent; Christian Canon law is more similar to civil law in its use of civil codes; and Islamic Sharia law (and Fiqh jurisprudence) is based on legal precedent and reasoning by analogy (Qiyas), and is thus considered similar to common law.

The main kinds of religious law are Sharia in Islam, Halakha in Judaism, and Canon law in some Christian groups. In some cases these are intended purely as individual moral guidance, whereas in other cases they are intended and may be used as the basis for a country's legal system. The latter was particularly common during the Middle Ages.
The Islamic legal system of Sharia (Islamic law) and Fiqh (Islamic jurisprudence) is the most widely used religious law, and one of the three most common legal systems in the world alongside common law and civil law. It is not a divine law, however, as only a fraction of Sharia law is based on the Qur'an and Sunnah, while the majority of its rulings are based on the Ulema (jurists) who used the methods of Ijma (consensus), Qiyas (analogical deduction), Ijtihad (reason) and Urf (common practice) to derive Fatwā (legal opinions). An Ulema was required to qualify for an Ijazah (legal doctorate) at a Madrasah (law school) before they could isse Fatwā. During the Islamic Golden Age, classical Islamic law may have had an influence on the development of common law and several civil law institutions.[1] Sharia law governs a number of Islamic countries, including Saudi Arabia and Iran, though most countries use Sharia law only as a supplement to national law. It can relate to all aspects of civil law, including property rights, contracts or public law.
The Halakha is followed by orthodox and conservative Jews in both ecclesiastical and civil relations. No country is fully governed by Halakha, but two Jewish people may decide, because of personal belief, to have a dispute heard by a Jewish court, and be bound by its rulings.
Canon law is not a divine law, properly speaking, because it is not found in revelation. Instead, it is seen as human law inspired by the word of God and applying the demands of that revelation to the actual situation of the church. Canon law regulates the internal ordering of the Roman Catholic Church, the Eastern Orthodox Church and the Anglican Communion. Canon law is amended and adapted by the legislative authority of the church, such as councils of bishops, single bishops for their respective sees, the Pope for the entire Catholic Church, and the British Parliament for the Church of England

Common Law

2009-04-08T00:47:00.001+07:00

Common law and equity are systems of law whose sources are the decisions in cases by judges. Alongside, every system will have a legislature that passes new laws and statutes, however these do not amend a collected and codified body of law. Common law developed in England, influenced by the Norman conquest of England which introduced legal concepts from Norman law. Common law was later inherited by the Commonwealth of Nations, and almost every former colony of the British Empire has adopted it (Malta being an exception). The doctrine of stare decisis or precedent by courts is the major difference to codified civil law systems.

Common law is currently in practice in Ireland, most of the United Kingdom (England and Wales and Northern Ireland), Australia, India (excluding Goa), South Africa, Canada (excluding Quebec), Hong Kong and the United States (excluding Louisiana) and many more places. In addition to these countries, several others have adapted the common law system into a mixed system. For example, Pakistan and Nigeria operate largely on a common law system, but incorporate religious law.

In the European Union the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law. One of the most fundamental documents to shape common law is Magna Carta which placed limits on the power of the English Kings. It served as a kind of medieval bill of rights for the aristocracy and the judiciary who developed the law.

Civil Law

2009-04-08T00:33:00.006+07:00

Civil law is the most widespread system of law in the world. It is also sometimes known as Continental European law. The central source of law that is recognized as authoritative are codifications in a constitution or statute passed by legislature, to amend a code. Civil law systems mainly derive from the Roman Empire, and more particularly, the Corpus Juris Civilis issued by the Emperor Justinian ca. 529AD.

This was an extensive reform of the law in the Byzantine Empire, bringing it together into codified documents. Civil law was also partly influenced by religious laws such as Canon law and Islamic law. Civil law today, in theory, is interpreted rather than developed or made by judges. Only legislative enactments (rather than judicial precedents, as in common law) are considered legally binding.
Scholars of comparative law and economists promoting the legal origins theory usually subdivide civil law into four distinct groups:
• French civil law: in France, the Benelux countries, Italy, Spain and former colonies of those countries;
• German civil law: in Germany, Austria, Croatia, Switzerland, Greece, Portugal, Turkey, Japan, South Korea and the Republic of China;
• Scandinavian civil law: in Denmark, Norway and Sweden. Finland and Iceland inherited the system from their neighbors.
• Chinese law is a mixture of civil law and socialist law.

European Legal System

2009-04-08T00:28:00.001+07:00

Alternative approaches to our legal systems and the protections inherent to it exist in other countries, particularly France and Germany. In our legal system the emphasis is on providing a fair trial, and in particular, protecting the rights of the individual being tried. As a result, the actual trial itself is more adversarial than in our European counterparts. We believe that the jeopardy of being punished for losing is enough to ensure the best performances from both sides.

The French and German systems, however, have an inquisitorial approach to it. There aren’t attorneys for the defense or the prosecution. The whole trial is run by a judge whose job is to find out exactly what happened and has complete power to do so. There is much more faith in the European system that the State will do the right thing.

The drawbacks to a system where the trial is run solely by a judge are clear and can be quite damaging. If one person is granted complete control over a trial there is unlimited potential for him to misuse that power through malice or incompetence. So although the process is streamlined and with that extra power the odds of convicting a criminal are higher there is a strong risk of corruption and incompetence causing serious damage with this system.

The exclusionary rule is also used differently and for different reasons in France and Germany. In the United States the exclusionary rule is rigid; if something violates the rule, regardless of the circumstances, it will be excluded. In France and Germany evidence is much less likely to be excluded and, as a result, police (with little to no fear of having their evidence excluded) are more likely to violate the law in getting that evidence.

The reason that we in America exclude evidence is not to right the wrong the police have committed against the defendant. The rule exists to discourage the police from violating the Constitution in obtaining the evidence. In America most of our decisions regarding evidence exclusion come from past decisions made by the Supreme Court. Our judges look at earlier cases and usually make decisions based on what has been decided in our highest court before, effectively giving them very little power over the actual decision. In France and Germany, however, the evidence is examined and left exclusively to the Judge’s discretion as to whether or not it is excluded. The evidence’s importance and the severity of the crime is weighed against how the evidence was obtained by the police.

Evidence is also generally excluded for different reasons than those of the United States legal system. In France and Germany evidence is excluded to right the wrong police have committed against an individual rather than to stop them from doing it again. Rather than excluding evidence to prevent further misconduct the European approach to prevention is to open police to civil liability (Civilians can sue them for their misconduct) and on the job reprimands as well (Security). Interestingly, the US Supreme Court is now hearing a case in which the civil liability for police misconduct is being investigated (Martinez).

It is interesting to note that, while the current confession rate in the United States is 40% (Cassel), in France it is 86% for non-flagrant (essentially misdemeanor crimes) crimes (security). However one has to wonder what percent of the higher confession rate were actually innocent and buckled under police pressure.

In choosing which system is best it really comes down to what you think is more important, imprisoning a guilty man or making sure an innocent man is not imprisoned. In our legal system the emphasis is on protecting the individual from state misconduct, the protections we have in place do a good job of preventing this. The risk we run is that those protections will sometimes protect the guilty as well.

In the European system the system is designed to punish the guilty first and foremost. This does mean that there may be some individuals who are wrongfully convicted but, as a whole, the guilty are punished and the state is preserved.

The system that is best depends on whether you value protecting the individual over protecting the state. I believe that protection from unlawful imprisonment is the more important of the two. I think society can still be maintained while keeping a system that protects the individual from misconduct of the state.

1870 through 20th century, and the merger of law and equity

2009-04-07T23:26:00.000+07:00

As early as the 15th century, it became the practice that litigants who felt they had been cheated by the common-law system would petition the King in person. For example, they might argue that an award of damages (at common law) was not sufficient redress for a trespasser occupying their land, and instead request that the trespasser be evicted. From this developed the system of equity, administered by the Lord Chancellor, in the courts of chancery. By their nature, equity and law were frequently in conflict and litigation would frequently continue for years as one court countermanded the other, even though it was established by the 17th century that equity should prevail. A famous example is the fictional case of Jarndyce and Jarndyce in Bleak House, by Charles Dickens.

In England, courts of law and equity were combined by the Judicature Acts of 1873 and 1875, with equity being supreme in case of conflict.
In the United States, parallel systems of law (providing money damages, with cases heard by a jury upon either party's request) and equity (fashioning a remedy to fit the situation, including injunctive relief, heard by a judge) survived well into the 20th century. The United States federal courts procedurally separated law and equity: the same judges could hear either kind of case, but a given case could only pursue causes in law or in equity, and the two kinds of cases proceeded under different procedural rules. This became problematic when a given case required both money damages and injunctive relief. In 1937, the new Federal Rules of Civil Procedure combined law and equity into one form of action, the "civil action." Fed.R.Civ.P. 2. The distinction survives to the extent that issues that were "common law" as of 1791 (the date of adoption of the Seventh Amendment) are still subject to the right of either party to request a jury, and "equity" issues are decided by a judge.
Alabama, Delaware, Mississippi and New Jersey still have separate courts of law and equity, for example, the Court of Chancery. In many states there are separate divisions for law and equity within one court.

Case law in common law systems

2009-04-07T23:22:00.001+07:00

In the common law tradition, case law interprets laws, via precedents, based on how prior cases have been decided. Case law governs the impact court decisions have on future cases. Unlike most civil law systems, common law systems follow the doctrine of stare decisis in which lower courts usually make decisions consistent with previous decisions of higher courts.Generally speaking, the appellate courts do not have direct oversight over the lower courts of record, in that they cannot reach out on their own initiative (sua sponte) at any time to fix bad rulings of the lower courts. Normally, the burden rests with litigants to bring improper rulings (including those in clear violation of established case law) to the attention of higher courts.

If a lower court judge acts against precedent and the case is not appealed, the lower court decision will stand. This may occur more frequently than has been documented, as an appeal is usually quite expensive and difficult to prepare.
A lower court may rule against a precedent that is outdated — that is, the court believes that developments or trends in legal reasoning render the precedent inapplicable. In doing so, the court may wish to help the law evolve by ruling against precedent and thereby indirectly inducing a losing party to appeal. If the court successfully induces the appeal, the appellate court will have an opportunity to review the lower court's decision and may adopt the lower court's reasoning and overturn previous case law. This may happen several times as the case works its way through intermediate appellate systems. Lord Denning, first of the High Court of Justice, later of the Court of Appeal, provided a famous example of this evolutionary process in his development of the concept of estoppel starting in the world renowned High Trees case: Central London Property Trust Ltd v. High Trees House Ltd [1947] K.B. 130.

Who Is Tan Malaka???

2009-03-28T15:56:00.008+07:00

Early life and education
A member of the Minangkabau ethnic group, Tan Malaka was born in Suliki, West Sumatra in 1894. His given name was Datuk Ibrahim gelar Sutan Malaka, but he was known both as a child and as an adult as Tan Malaka, an honorary name inherited from his mother's aristocratic background.
From 1908 to 1913 he attended a teacher training school established by the Dutch colonial government in Bukittinggi, the intellectual center of Minangkabau culture. Here he began to learn the Dutch language, which he was to teach to Indonesian students. In 1913 he received a loan from the elders of his home village to pursue further education in the Netherlands, and from then until 1919 he studied at the Government Teachers Training School (Rijkskweekschool) in Haarlem.
It was during this stay in Europe that he began to study communist and socialist theory, and through interaction with both Dutch and Indonesian students became convinced that Indonesia must be freed from Dutch rule through revolution. In his autobiography Tan Malaka cited the Russian Revolution of 1917 as a political awakening, increasing his understanding of links between capitalism, imperialism, and class oppression.
He became seriously ill with tuberculosis in the Netherlands, which he attributed to the cold climate and unfamiliar diet. This was the beginning of lifelong health problems that frequently interfered with his work.

Rise in the communist party
His studies in the Netherlands completed, Tan Malaka returned to Indonesia in November 1919. He took a job teaching the children of contract coolies on a Swiss- and German-owned tobacco plantation on the northern east coast of Sumatra, near Medan. During his stay in Sumatra, he first started working with the Indies Social Democratic Association (ISDV), which later became the Communist Party of Indonesia (PKI), and published his first articles in the ISDV newspaper. Tan Malaka came into frequent conflict with the European management of the plantation over the content of his lessons for the students, the liberal political columns he wrote for local newspapers, and his work as a labor union activist, especially in a 1920 strike of railroad workers.
Frustrated by his position in Sumatra, he left for Java in late February 1920. He stayed initially in Yogyakarta but soon moved to Semarang after being asked to set up a "People's School" for the nationalist organization Sarekat Islam (SI). This school, which was later duplicated in many other cities on Java, was intended by SI to provide a useful education while instilling nationalist pride in its students.
Semarang during Tan Malaka's stay there was a major center of nationalist and communist politics, and he quickly became deeply engaged in political work there. He held leadership roles in several trade unions, and wrote extensively for several trade union and PKI publications. His most prominent leadership role came in December 1921, when he was elected chairman of the PKI, replacing Semaun, the party's first chairman. During his brief term of leadership, the PKI worked to create links with trade unions by supporting workers during several strikes.
Tan Malaka's prominent role in the PKI was viewed by the colonial government as subversive activity. He was arrested in Bandung by the colonial government in February 1922, and on March 24 he was exiled to the Netherlands.
Exile
One of Tan Malaka's first actions upon his arrival in the Netherlands was to run as the third candidate on the Communist Party of Holland's (CPH) slate for the 1922 elections for the Estates-General of the Netherlands. He was the first subject of the Dutch East Indies ever to run for office in the Netherlands. He did not expect to actually be elected because, under the system of proportional representation in use, his third position on the ticket made his election highly unlikely. His stated goal in running instead was to gain a platform to speak about Dutch actions in Indonesia, and to work to persuade the CPH to support Indonesian independence. Although he did not win a seat, he received unexpectedly strong support.
Before the election results were even announced, Tan Malaka moved to Berlin, Germany for several months, then on to Moscow by October 1922. Here, he became deeply involved with the politics of the Communist International (Comintern), arguing vigorously that the communist parties of Europe should support the nationalist struggles of colonial Asia. He was named Comintern's agent for Southeast Asia, probably at the Comintern Executive Committee's June 1923 meeting. One of his first tasks was to write a book about Indonesia, describing the country's politics and economy for the Comintern; this book was published in Russian in 1924.
With his Comintern assignment in hand, he moved in December 1923 to Canton, China. Tan Malaka's job included publishing a newspaper in English, a task which proved difficult because he knew little of the language, and printing presses for the Roman alphabet were difficult to find.
In July 1925 Tan Malaka moved to Manila, Philippines, where he found work at a newspaper. At the time the PKI was taking steps toward an outright rebellion in Indonesia intended to bring it to power, but that would instead lead to its temporary defeat by the colonial government. Tan Malaka was strongly opposed to this action, which he felt was a poor strategy for a weak party unprepared for revolution. He described in his autobiography his frustration with an inability to find information about events in Indonesia from his place in the Philippines, and his lack of influence with the PKI's leadership. As Comintern representative for Southeast Asia, Tan Malaka argued that he had authority to reject the PKI's plan, an assertion which was denied by some former PKI members in retrospect. At the time, he did persuade some PKI leaders in the country that an armed rebellion was not in the party's best interest, but PKI groups in West Java and West Sumatra did go ahead with an armed insurrection, which the Dutch government used as a pretense for vigorous suppression of the party, including the execution of several leaders.
In the Philippines, he befriend members of the Partido Komunista ng Pilipinas, specially Crisanto Evangelista. as well as some government officials like President Manuel Quezon and former President and General Emilio Aguinaldo, unaware that he was a leader of a communist party then illegal.
Meanwhile, in December 1926, Tan Malaka traveled to Bangkok. Here he founded a new party, the Partai Republik Indonesia (PARI), distancing himself from the Comintern as well as, in the new party's manifesto, criticizing the PKI. While PARI did have a small membership inside the country, it never grew to be a large organization; however, with the PKI gone underground, it was the only organization in the late 1920s that was publicly calling for immediate independence for Indonesia. Tan Malaka returned to Manila in August 1927, but was soon arrested by the American police at the request of the Dutch. He was charged with illegal entry into the Philippines; his case became a rallying point for nationalist sentiment in the Philippines, where universities went on strike in protest, and Filipino politicians collected funds for his defense. He was to be represented by Jose Abad Santos, but instead of going to trial he agreed to be deported.
Upon leaving the Philippines by ship, he expected to be re-arrested by the Dutch as soon as he landed in China, so with help from the Filipino crew he escaped while the ship was moored in the harbor of Amoy (Xiamen), hiding in a nearby village. The details of the next few years of his life are unclear; there is a major gap in his autobiography in this period, and few other sources that describe his activities. After staying in Sionching village for perhaps two years, he moved to Shanghai in about 1929. In 1931 he began working for the Comintern again. Abidin Kusno argues that this stay in Shanghai was an important period in shaping Tan Malaka's later actions during the Indonesian revolution of the late 1940s; the port city was nominally under Chinese sovereignty but was dominated first by European nations with trading concessions in the city, and then by Japan after its September 1932 invasion. The oppression of the Chinese he saw under both of these powers, Kusno argues, contributed to his uncompromising position against collaboration with the Japanese or negotiation with the Dutch in the 1940s, when many prominent Indonesian nationalists were adopting a more conciliatory stance.
When Japan invaded and occupied Shanghai in September 1932, Tan Malaka fled south to Hong Kong, disguised as a Chinese-Filipino and using an alias. Almost immediately upon his arrival, however, he was arrested by British authorities, and imprisoned for several months. He hoped to have a chance to argue his case under British law, and possibly seek asylum in the United Kingdom, but after several months of interrogation and being moved between the "European" and the "Chinese" sections of the jail, it was decided that he would simply be exiled from Hong Kong without charges.
After considering several options for a place of exile where he would be out of reach of the Dutch, Tan Malaka elected to return to Amoy, where he reconnected with an old friend and was able to reach the friend's village of Iwe without detection. Here, his health, weak for several years, declined greatly, and he was ill for several years before Chinese medicine treatments eventually restored him to health. In 1936 he returned to Amoy, and started a school where he taught English, German, and Marxist theory; by 1937 it was the largest language school in Amoy.
In August 1937 he again fled the Japanese military advance to the south, traveling first to Rangoon, Burma via Singapore for a month, then, his savings nearly depleted, returning south to Singapore via Penang. In Singapore, he found work as a teacher. When Japan occupied the Malay peninsula and drove the Dutch out of Indonesia in 1942, Tan Malaka decided to finally return to Indonesia after an absence of nearly twenty years.
Return to Indonesia
Tan Malaka's return to Indonesia began with a lengthy trip of several months, staying for a time in Penang before crossing to Sumatra, then visiting Medan, Padang, and several other Sumatran cities before settling on the outskirts of Japanese-occupied Jakarta in July 1942. Most of his time here was occupied by writing and research in Jakarta's libraries, working on his books Madilog and ASLIA.
When his savings from Singapore were nearly depleted, he took a job as a clerk at a coal mine in Bayah, southern West Java, where production was being greatly increased under Japanese management to support the war effort. At Bayah, he maintained records on the romusha, forced laborers who were sent from all over Java to work the mine and build railways. In addition to his official job, he worked to improve conditions for the laborers, among whom the death toll from sickness and starvation was very high.
Role in the war
In August 1945, after the Japanese surrender which ended World War II, and the Indonesian Declaration of Independence, Tan Malaka left Bayah, and resumed using his real name for the first time in twenty years. He travelled first to Jakarta, then widely around Java. During this trip he became convinced that Sukarno and Mohammad Hatta, who had made the declaration of independence and were considered the leaders of Indonesia by the departing Japanese, were being too conciliatory toward Dutch attempts to regain control over the archipelago. In his autobiography, he expresses confidence that most Indonesian people were willing to fight for immediate complete independence, a position not supported by Sukarno, especially during the early years of the Indonesian National Revolution.
Tan Malaka's solution to this perceived disconnect was to found the Persatuan Perjuangan (Struggle Front, or United Action), a coalition of about 140 smaller groups, but notably not including the PKI. After a few months of discussion, the coalition was formally founded at a congress in Surakarta (Solo) in mid-January, 1946. It adopted a "Minimum Program", which declared that only complete independence was acceptable, that government must obey the wishes of the people, and that foreign-owned plantations and industry should be nationalised. Tan Malaka argued that the government should not negotiate with the Dutch until after all foreign military forces were removed from Indonesia, because until then the two parties could not negotiate as equals.
The Persatuan Perjuangan had widespread popular support, as well as support in the republican army, where General Sudirman was a strong supporter of the coalition Tan Malaka was organizing. In February 1946 the organization forced the temporary resignation of Prime Minister Sutan Sjahrir, a proponent of negotiation with the Dutch, and Sukarno consulted with Tan Malaka to seek his support. However, Tan Malaka was apparently unable to bridge political divisions within his coalition to transform it into actual political control, and Syahrir returned to lead Sukarno's cabinet.[7] In response to this defeat, the Persatuan Perjuangan clearly stated their lack of support for the republican government as it was composed, and the group's intent to oppose any negotiation.
Imprisonment, release, and death
In response to the Persatuan Perjuangan's continued opposition, the Sukarno government arrested most of the coalition's leadership, including Tan Malaka, in March 1946. He remained in jail until September 1948.
During his detention, the PKI emerged as the strongest critic of the government's diplomatic stance. The translator of his autobiography, Helen Jarvis, has argued that Tan Malaka and the rest of the Persatuan Perjuangan leaders were released to provide a less threatening opposition than the PKI. By now, Tan Malaka and the PKI were thoroughly estranged; he was hated within the party for his harsh criticisms of the 1920s, and he distrusted the strategic judgement of the current PKI leaders.
Upon his release, he spent late 1948 in Yogyakarta, working to form a new political party, called the Partai Murba (Proletarian Party), but was unable to repeat his previous success at attracting a popular following. When the Dutch captured the national government in December 1948, he fled the city for rural East Java, where he hoped he would be protected by anti-republican guerrilla forces. He established his head quarter in Blimbing, a village surrounded by rice fields. He connected himself to major Sabarudin, leader of the Bataljon 38. In Malaka's opinion Sabarudin's was the only armed group that was really fighting the Dutch. Sabarudin however was in conflict with all other armed groups. On February 17, the TNI leaders in East Java decided that Sabarudin and his companions were to be captured and convicted following military law. On the 19th they captured Tan Malaka in Blimbing. On February 20 the infamous Dutch Korps Speciale Troepen (KST) happened to start the so called 'operation Tiger' from the East Javanese town of Nganjuk. They advanced quickly and brutally. Poeze (2007) describes in detail how the TNI soldiers fled into the mountains and how Tan Malaka, already injured, walked into a TNI-post and was promptly executed on February 21, 1949. No report was made and Malaka was buried in the woods.
Political beliefs
Tan Malaka believed that the growth of communist parties was compatible with, and even essential to, the strength of the many nationalist movements then appearing in the colonies of Asia. In the mid-1920s, this position was the subject of much debate within the Comintern and elsewhere. Within the communist leadership there was much skepticism, expressed most prominently by Indian communist M. N. Roy, of the potential of the non-industrialized nations of Asia to successfully govern themselves, as well as concern for the impact such decolonization might have on the working classes of the metropolitan nations of Europe.
Marxism and religion
Tan Malaka argued strongly that communism and Islam were compatible, and that, in Indonesia, revolution should be built upon both. Thus he was a strong supporter of the PKI's continued alliance with Sarekat Islam, and was troubled when, while he was in exile, the PKI broke away from SI. On an international scale, Tan Malaka also saw Islam as holding the potential for unifying the working classes in vast parts of North Africa, the Middle East, and South Asia against imperialism and capitalism. This position put him in opposition with many European Communists and the leadership of Comintern, where religious belief was seen as a hindrance to a proletarian revolution and a tool of the ruling class.
Regional unity
In several publications, including 1926's Massa actie and 1946's Thesis, Tan Malaka advocated the formation of a large regional state, which he called Aslia, to encompass all the islands of Southeast Asia as well as Australia and much of mainland Southeast Asia. This state, he argued, would then be able to coexist as an equal with other large socialist states including Russia, China, and the United States. On a smaller geographical scale, he drew lessons for Indonesia from the Philippines' battles for independence against Spain and the United States, and in his autobiography he described Indonesia and the Philippines as the southern and northern parts of the same region.
Download ebook of Tan Malaka here (Indonesian version) >>>
Thesis (1946)
Kuhandel di Kaliurang(1948)
Aksi Massa
Gerpolek; Gerilya Politik Ekonomi(1948)
Proklamasi isi dan Pelaksanaannya(1948)
Pandangan hidup Tan Malaka
Islam Dalam Tinjauan Madilog
SI Semarang dan Onderwijs
Menuju Republik Indonesia/
Muslihat
Politik Tan Malaka
Semangat Muda Tan Malaka
Rencana Ekonomi Berjuang

Dictionary

2009-03-26T23:47:00.005+07:00

Need a dictionary? download here

Banking [English Finance Management Accounting] Dictionary of financial and business terms.pdf
Declan's Japanese Dictionary.zip
Dictionary of Accounting.rar

Dictionary.of.American.Idioms.and.Phrasal.Verbs.3HAXAP.pdf

English To Russian Dictionary.jar
French Picture Dictionary .rar

JAPANESE PICTURE DICTIONARY.rar
kamus_jawa.rar
Lexisgoo English Dictionary & Thesaurus 2.7 build 27906.rar
Longman Pocket Idioms Dictionary.pdf

macmillan_students_dictionary.pdf
Oxford Collocations Dictionary.chm
oxford idioms dictionary.zip
pocket oxford dictionary.zip

The Pop-up Oxford-Duden German Dictionary.part2 of 2.rar

Download Library

2009-03-26T14:11:00.008+07:00

This is my library. I just want to share with my own ebook.everybody can download here... and send a comment please...

The Crossing by Winston Churchill
The Autobiography Benjamin Franklin
Oxford Dictionary of Law
Hitler Adolf – Mein Kamp
Cleopatra-Sourcebook
The Republic
Tips Cepat Menyusun Skripsi
Pedoman Penulisan Tugas Kesarjanaan
Tips Menulis di Media Massa
Teknik Menulis Profesional
See more on My Library Free Download

Dictionary Of Law

2009-03-26T12:00:00.011+07:00

Elizabeth A. Martin “A Dictionary of Law"
Oxford University Press, USA (July 20, 2006)
ISBN: 019280698X
608 pages

This fully up-to-date edition takes account of recent changes in UK legislation. It is a handy desk reference for lawyers and an ideal source of legal terminology for students and secretaries in any country where the legal system is based on English law. It provides clear, jargon-free information for professionals, students, and people without a legal qualification. It contains over 4,000 entries that define and explain the major terms, concepts, processes, and the organization of the English legal system. It features authoritative and up-to-date articles which have been written by practising and academic lawyers. New entries cover the Woolf reforms, human rights law, as well as family law, central and local government, and international law. This work was described by leading university lecturers as being ' the best law dictionary at present' and 'excellent for non law students as well as Law undergraduates'.

This dictionary has been written by a distinguished team of academic and practising lawyers. It is intended primarily for those without a qualification in law who nevertheless require some legallmowledge in the course oftheir work: chartered surveyors and accountants, civil servants and local-government officers, social workers and probation officers, as well as businessmen and legal secretaries are typical examples of those whose work often calls for a knowledge of the
precise meaning (and spelling) of a legal term. Each article, therefore, begins with a clear definition.
Download here

Indonesian Trial Process and Legal System; Background Notes

2009-03-26T08:36:00.004+07:00

The Indonesian legal system is a Civil Law system rather than a Common Law system
(The Common Law System is found chiefly in Australia, England, America and other
former British colonies). As the Indonesian legal system is derived from French and
German models, its procedures are entirely different to those in Australia.
For example, Civil Law systems do not use juries. Instead, decisions as to guilt or
innocence are made by a panel of three judges. One of these judges is the Chair (ketua)
and is usually more senior than the other two judges. Typically, the judges produce a
single, joint judgment (Putusan). It is virtually unknown for a judge (hakim) to dissent
from the decision of the other two members of the panel and dissenting judgments are
rarely produced and never released (except, recently, in the Commercial Court
(Pengadilan Niaga)).

Typically, Civil Law judgments are much shorter than Common Law judgments. In
Indonesia, for example, the judgment may be only a few pages. In major cases,
judgments tend to be long, of a length to be expected in a Common Law Appeal Court,
but this is usually because the Courts often summarise all the evidence in the judgment
(This is not usual in Common Law judgments). Legal reasoning to distinguish previous
cases and so forth is relatively rare, because Civil Law systems do not have a system of
precedent.
Precedent, in Common Law systems, is the principle that previous cases with similar
facts on an identical point of law will bind courts of equal or lower status. In Civil Law
systems, courts are not bound by decisions of courts at the same level or higher. This
means that there is little need for law reporting in Indonesia and certainly not for
published authoritative sets of judgments. Some, limited collections of judgments are
published (for example, Yurisprudensi) but they are ad hoc in nature. In fact, statements
as to preferred interpretation or policy issued by the Supreme Court in the form of surat
edaran (circular letters), rather like practice notes in the Common Law System, tend to be
more influential than previous decisions, even of the Supreme Court.
Another key distinction between Common Law and Civil Law systems is that Civil Law
systems are ‘inquisitorial’ in nature while Common Law systems are ‘adversarial’. This
means that in Common Law systems the judge acts as an impartial referee while the
parties present their witnesses in an attempt to convince a jury or, in most cases, the
judge. The judge generally does not ask questions of witnesses (saksi) and is usually
active only in enforcing the rules of evidence and procedure.

In an inquisitorial system, however, the judges conduct an enquiry into the truth of what
occurred, that is, the facts behind the legal issues in dispute. For this reason, judges
control the proceedings and may directly question witnesses. In some Civil Law systems,
the judges may even dominate the hearing to such an extent that lawyers are left with few
questions to ask at all.
The layout of an Indonesian court reflects the inquisitorial nature of Civil Law
proceedings. The judges face the witness who sits alone in a chair in the centre of the
court. Lawyers are placed off to the sides, reflecting their relatively reduced significance
in proceedings. Judges may sometimes even call witnesses that the parties have not
called, demand that additional witnesses attend or even refuse to hear from witnesses
called by the parties. There is also less emphasis on the rules of evidence in inquisitorial
systems as judges tend to allow most material in and then decide on its merits at a later
point.
In Indonesia, prosecution is always conducted by state officials known as jaksa or
prosecutors. These are always government employees and private lawyers are never
hired to represent the prosecution. Normally, police conduct initial investigations and
then hand a brief to the prosecution. Issues such as arrest and detention can only be
decided on the application of an accused person at a pre-trial hearing (praperadilan) and
can never be raised at the main trial
References
Lindsey, T. (ed.) (1999), Indonesia: Law & Society, Federation Press, Sydney.
Lindsey, T. (ed.) (2000), Indonesia: Bankruptcy, Law Reform & the Commercial Court,
Desert Pea Press, Sydney.
Lindsey, T. & Dick, H. (eds.) (2002), Corruption in Asia, Federation Press, Sydney.

Indonesian Legal System

2009-03-26T08:31:00.004+07:00

The Indonesian legal system is based on Roman-Dutch law, modified by custom and Islamic law. Sources of law are Islamic law, statutory legislation, presidential instructions, and official compilations of Islamic law.
European explorers arrived in the region in the 16th century, and the Dutch East India Company was founded in 1602. The Dutch established a trading post on the north coast of Java, later named Jakarta. The Dutch gradually asserted political and military control beyond Java from the 18th century until most of archipelago was under Dutch rule by the start of the 20th century.

Under Dutch rule, the Netherlands Indies� population was divided into Europeans, Natives, and Foreign Orientals. The Dutch established separate tribunals for Europeans and �Natives�. Indonesians were subject to �adat law, with the Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria. Dutch scholars identified and classified 19 different systems of customary law in the region. In areas under direct rule, there were European courts, native courts, and general courts for all of the population. In areas under indirect rule, there were native courts applying �adat with very limited criminal jurisdiction and no jurisdiction over Europeans or foreigners. The basic principle was dominance of the received civil law system, and application of �adat for �natives� as far as it was not replaced by statute. The first legislation relating to the application of Islamic law was an 1882 Royal Decree establishing a �Priest Court� for Java and Madura, although the Decree acknowledged that most Indonesians were also subject to �adat law administered by native courts. The �Priest Court� had jurisdiction over Muslim family and inheritance law where all parties were Muslim and awqaf, and had concurrent jurisdiction with the native courts of Java and Madura. The Priest Court was composed of a President selected from the native courts� officers and three to eight qadis, all appointed by the Governor-General. Subsequent legislation by Dutch authorities was also of a largely of regulatory and administrative nature. Independence was declared two days after Japanese occupying forces withdrew in 1945. Calls for the reform of marriage laws led to various proposals from members of government, women�s groups and the National Institute for Law Reform from 1945 to 1973, but conflicting interests prevented any consensus being reached. The only statutory reform of Muslim personal status in that period was the enactment of the Muslim Marriage and Divorce Registration Law 1946 requiring registration. A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in 1974 amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy. Some compromises made by the government included increasing the jurisdiction of shari�a courts and eliminating registration as a requirement for validity of marriage. The Marriage Law is applied by the regular court system for religious minorities and by shari�a courts for Muslim Indonesians.
Following the controversy over the Marriage Law, since the mid-1980s Compilations of Islamic Law in Indonesia (Kompilasi Hukum Islam di Indonesia) authored by officials from the Ministry of Religion and Supreme Court judges have been used to clarify points on personal law and inheritance for application by shari�a courts. They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc. The Compilations are presented as Presidential Instructions (Inpres) which have lower status that statutes in the Indonesian legal system. A 1991 Compilation of Islamic Law directed the restriction of hiba (gifts) to a maximum of one-third of the donor�s estate. While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.
�Schools of Fiqh: The majority of the population is Shafi�i Muslim. There are also Ahmadi minorities. The other recognised religious minorities are Roman Catholic, Protestant, Hindu and Buddhist. There are also significant minorities following tribal religions; they are not afforded any official recognition.
�Constitutional Status of Islam(ic Law): The Constitution was promulgated in August 1945. It does not adopt any official religion, but Article 29(1) provides that "the State is based upon the belief in the One, Supreme God", also embodied in the Pancasila. Article 29(2) guarantees freedom of religion.
�Court System: There are four judicial branches outlined in the Basic Law on Judicial Power 1970: general, religious, military and administrative courts. General courts include District Courts of First Instance, High Courts of Appeal, and the Supreme Court (Mahkamah Agung). Religious courts (Pengadilan Agama) are established side by side with District Courts. Religious courts are organised at two levels: courts of first instance in each district and appellate courts in all provinces (approximately 300 and 25, respectively; figures as of mid-1990s) and have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. Appeals from the religious appeals court (Mahkamah Islam Tinggi) go to Supreme Court, although the supervisory jurisdiction of regular courts over religious courts ended with the passing of the Law on Religious Courts 1989. Religious courts have limited or special jurisdiction and secular courts have general jurisdiction. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on the basis of Dutch-derived civil law or local �adat. �
�Notable Features: The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent. The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. The Marriage Law 1974 defines as legal a marriage "solemnised according to the laws of the respective religions and beliefs of each of the parties". Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian. Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages. The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism). Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and a court inquiry into the validity of the reasons for wishing to contract a polygamous marriage (e.g., the existing wife�s physical disfigurement, infertility, incurable disease). The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children. The permanent resident and domicile is to be decided by both parties. The husband as the head of the family is required to protect the wife and provide for her according to his means and the wife�s duty is to manage the household.
The Marriage Law provides that divorce shall be carried out only before a Court of Law, after the Court has endeavoured to reconcile the parties. A husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons. If the husband�s reasons accord with any of the six grounds for judicial divorce outlined in the Marriage Law and the court determines that reconciliation is not possible, the court will grant a session in order to witness the divorce. Either spouse may seek a judicial divorce (preceded by reconciliation efforts by the judge) on the following grounds: the other spouse�s adultery; alcoholism, addiction to narcotics, gambling or "any other vice that is difficult to cure"; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; constant disputes without hope of resolution; and sentencing to a prison term of five years or more. Property acquired during marriage is considered joint property, although the Marriage Law only directs that division is according to the law applicable to the parties. The court may order alimony for children or maintenance for the former wife. In terms of custody, the Marriage Law simply provides that in case of dispute over custody, the Court shall render its judgement; the father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case the Court may order the mother to share such expenses.
Succession is governed by classical law. Some commentators have also noted that the Indonesian Supreme Court has often sought to equalise the rights of male and female inheritors.
Notable Cases:
�Law/Case Reporting System: There is no regular system of case reporting in Indonesia. �
�International Conventions (with Relevant Reservations): Indonesia signed the CEDAW in 1980 and ratified it in 1984 with a declaration regarding Article 29(1).
Indonesia signed and ratified the CRC in 1990, submitting a general reservation to the effect that Articles 1, 14, 16, 17, 21, 22 and 29 are to be applied in conformity with the Constitution of Indonesia. (The articles indicated relate to majority, children�s freedom of religion and conscience, right to privacy, and right to access to information, adoption, and the direction of children�s education.)
�Background and Sources: Bowen, "�You May Not Give It Away�: How Social Norms Shape Islamic Law in Contemporary Indonesian Jurisprudence," Islamic Law and Society, v. 5, no. 3 (Oct. 1998): 382-408; Hooker, A Concise Legal History of South-East Asia, Oxford, 1978; Hooker, Islamic Law in South-East Asia, Singapore, 1984; Indonesia, 2nd & 3rd Period Report to CEDAW, 12 February 1997; Katz & Katz, "The New Indonesian Marriage Law: A Mirror of Indonesia�s Political, Cultural and Legal Systems," American Journal of Comparative Law, vol. 23 (1975): 653-681; Katz & Katz, "Legislating Social Change in a Developing Country: The New Indonesian Marriage Law Revisited," American Journal of Comparative Law, vol. 26 (1978): 309-320; Mahmood, �Indonesia,� in Statutes of Personal Law in Islamic Countries, 2nd ed., New Delhi, 1995; Pompe, "Islamic Law in Indonesia," Yearbook of Islamic and Middle Eastern Law, vol. 4 (1998): 180-200; Redden, �Indonesia� in Modern Legal Systems Cyclopedia, vol. 2, Buffalo, N.Y., 1990; Supriadi, "Indonesian Marriage Law," in The International Survey of Family Law, ed. Bainham, 1995: 279-285.

A Historical Glimpse

2009-03-26T08:18:00.003+07:00

The first known hominid inhabitant of Indonesia was the so-called "Java Man", or Homo erectus, who lived here half a million years ago. Some 60,000 years ago, the ancestors of the present-day Papuans move eastward through these islands, eventually reaching New Guinea and Australia some 30-40,000 years ago. Much later, in about the fourth millennium B.C., they were followed by the ancestors of the modern-day Malays, Javanese and other Malayo-Polynesian groups who now make up the bulk of Indonesia's population.

Trade contracts with India, China and the mainland of Southeast Asia brought outside cultural and religious influences to Indonesia. One of the first Indianized empires, known to us now as Sriwijaya, was located on the coast of Sumatra around the strategic straits of Malacca, serving as the hub of a trading network that reached to many parts of the archipelago more than a thousand years ago.

On neighboring Java, large kingdoms of the interior of the island erected scores of exquisite of religious monuments, such as Borobudur, the largest Buddhist monument in the world. The last and most powerful of these early Hindu-Javanese kingdoms, the 14th century Majapahit Empire, once controlled and influenced much of what is now known as Indonesia, maintaining contacts with trading outposts as far away as the west coast of Papua New Guinea.

Indian Muslim traders began spreading Islam in Indonesia in the eighth and ninth centuries. By the time Marco Polo visited North Sumatra at the end of the 13th century, the first Islamic states were already established there. Soon afterwards, rulers on Java's north coast adopted the new creed and conquered the Hindu-based Majapahit Empire in the Javanese hinterland. The faith gradually spread throughout archipelago, and Indonesia is today the world's largest Islamic nation.

Indonesia's abundant spices first brought Portuguese merchants to the key trading port of Malacca in 1511. Prized for their flavor, spices such as cloves, nutmeg and mace were also believed to cure everything from the plague to venereal disease, and were literally worth their weight in gold. The Dutch eventually wrested control of the spice trade from Portuguese, and the tenacious Dutch East India Company (known by initials VOC) established a spice monopoly which lasted well into the 18th century. During the 19th century, the Dutch began sugar and coffee cultivation on Java, which was soon providing three-fourths of the world supply of coffee.

By the turn of the 20th century, nationalist stirring, brought about by nearly three centuries of oppressive colonial rule, began to challenge the Dutch presence in Indonesia. A four-year guerilla war led by nationalists against the Dutch on Java after World War II, along with successful diplomatic maneuverings abroad, helped bring about independence. The Republic of Indonesia, officially proclaimed on August 17th, 1945, gained sovereignty four years later.

During the first two decades of independence, the republic was dominated by the charismatic figure of Sukarno, one of the early nationalists who had been imprisoned by the Dutch. General (ret.) Soeharto eased Sukarno from power in 1967. Indonesia's economy was sustained throughout the 1970's, almost exclusively by oil export.

The Asian financial crisis, which broke out in mid-1997, paralyzed the Indonesian economy with the rupiah losing 80% of its value against the US dollar at the peak of the turmoil.

On May 21, 1998, Soeharto resigned after 32 years in power and was replaced by B.J. Habibie following bloody violence and riots. Indonesia held its first democratic election in October 1999, which put Abdurrahman 'Gus Dur' Wahid in the role of president.

Indonesia: A Necklace of Equatorial Emeralds

2009-03-26T08:12:00.003+07:00

Indonesia is often referred to as the world's largest archipelago, a name which aptly represents its 17,000 or so islands which span more than 5000 km (around 3,200 miles) eastward from Sabang in northern Sumatra to Merauke in Irian Jaya. If you superimpose a map of Indonesia over one of Europe, you will find that it stretches from Ireland to Iran; compared to the United States, it covers the area from California to Bermuda.

There are eight major islands or island groups in this enormous chain. The largest landmasses consist of Sumatra, Java, Kalimantan (Borneo), Sulawesi (Celebes) and Irian Jaya (the western half of Papua New Guinea). The smaller islands fall into two main groups: the Molluccas to the northeast, and the lesser Sunda chain east of Bali. Bali is a unique island, which for a number of reasons can be put into a class of its own.

Mountain lovers will find plenty to enjoy in Indonesia. A great volcano chain, the Bukit Barisan, runs the entire length of Sumatra. On the West Coast, the mountains fall abruptly to the sea, while to the east they ease gradually down to plains in a broad fringe of coastal mangroves. Vegetation-clad volcanoes also rise dramatically from the sea at Banda, Ternate and Makian. Many of the volcanoes are still active, constantly smouldering and occasionally erupting violently, though geological stations monitor the active ones constantly and give warning if they are unsafe to climb. Mount Merapi in Central Java is a favourite for climbers, despite being one of the most active on the archipelago.

Mountain lakes are also abundant in dormant craters of many volcanoes, the most famous of these being lake Toba in the northern highlands of Sumatra. This mountain lake covers an area four times the size of Singapore. In Kalimantan, waterborne transportation moves cargo and passengers up and down the major rivers: Mahakam, Barito, Kahayan and Kapuas. The mountainous island of Flores is famous for its multi-coloured volcanic lakes, known as Keli Mutu. The three lakes are in a close group and range from dark red to turquoise.

Located between two distinct bio-geographic groups - Asia and Australia - the flora and fauna of the archipelago is also quite idiosyncratic. Species found nowhere else on earth have flourished in certain areas, including the famous Komodo dragon on the island of the same name. Also in abundance are rare flowers, including exotic orchids, unusual insects, birds of paradise and numerous indigenous spices such as cloves, nutmeg cinnamon, mace and many more

The Story about Law Reform in Solomon Islands

2009-03-26T07:58:00.004+07:00

The Story about Law Reform in Solomon Islands.
How does the law of England become part of our law?
The story about law reform in Solomon Islands
cannot be complete without some mention of the history of
how we had inherited the laws of England. In other words,
how were the laws of England able to be transplanted into
Solomon Islands in the first place and thus become part of our
legal system today? The story began in 1893 when the British
Government declared Solomon Islands a British Protectorate.
The reasons for this British action were several but one of
them was the desire to stamp out the practice of recruiting of
Kanakas (black-birding) from Solomon Islands to work on the
sugar plantations in Queensland. The recruiters were British
nationals but were flying foreign flags and so were out of reach
of British law for the crimes they were committing in engaging
in the illegal human trade. There had been attacks in
retaliation for the abduction of recruits from Solomon Islands
such as the killing of Bishop Patterson at Nukapu in the Reef
Islands.
The British Government were able to transplant their laws into
the Pacific by way of laws passed by their Parliament in
England, such as the British Settlements Act, 1887, the
Pacific Islanders Protection Act, 1875 and the Foreign
Jurisdiction Act, 1890. These were Acts of the British
Parliament which enabled the British Colonial Government in
England to rule over British Territories overseas beyond the
shores of England, such as Solomon Islands in the Pacific.
In the case of Solomon Islands, the Pacific Order in Council,
1893 was the legal instrument by which British laws were
made to apply to the Solomon Islands British Protectorate.
The Pacific Order in Council 1893 was made on 15th March,
1983 in pursuance of the above British Acts of the British
Parliament which authorized the Queen of England to make
laws for the British Territories overseas. Further Orders in
Council had also been made, applying the laws of England to
Solomon Islands. Royal Regulations had made been made and
became part of the laws of Solomon Islands. The High
Commissioner for the then Western Pacific made these
Regulations under the authority of the Pacific Order in
Council, 1893. Some constitutional changes also had been
made in the 1960s, creating the Legislative Council which
passed Ordnances for the Protectorate.
The Legislative Council was a law making body whose
members had been appointed by the colonial government
through the High Commissioner. Some of the appointed
members were Solomon Islanders. They were not elected like it
is today. This Legislative Council sat in Honiara and chaired
by the High Commissioner.

What happened to the law of England in Solomon
Islands on Independence?
On being independent on 7th July, 1978, the laws
passed by our Parliament are called Acts of Parliament rather
than Ordinances. Section 5 of the Solomon Islands
Independence Order, 1978 allowed the operation of any
existing laws to continue after the date of Independence as if
they had been made under the Constitution. In addition,
section 76 as read with Schedule 3 to the Constitution still
allows the use of the Acts of the British Parliament which are
of general application to fill in any gaps in our law. There is a
whole body of law that has become part of our legal system.
There are numerous Acts of the British Parliament which may
still apply to Solomon Islands on the condition that they are
Acts of general application. For example, the Bankruptcy Act
of England, 1914 used to be our law until our National
Parliament passed the new Bankruptcy Act,
Where does law reform fit into our legal system?
There is therefore a whole body of laws that need
review in terms of revisiting them, re-looking at the policy
issues behind them and asking the question whether they
need to be changed. This is changing the law for the good of
the community.
The policy reasoning behind the existing laws may need to be
re-visited in the light of the changing and modern
circumstances now experienced in Solomon Islands. So there
is a need to change the law to meet the changing
circumstances. For example, the current law of homosexuality
may need to be changed in the light of changes occurring
elsewhere.
However, law reform must not be confused with law revision.
They are two different things although they both involve the
notion of change.
Law revision is simply up-dating the laws, re-printing them
with accuracy after deleting the obsolete laws and publishing
them in a number of volumes for easy reference and use. The
present example is the revised edition of the laws of Solomon
Islands, 1996. The changes made in law revision are
superficial in nature in that the changes do not involve any
change in the body of the substantive law.
Law reform, on the other hand, is really about examining a
particular area of the law, identifying the issues that need
attention and taking those issues to the community and the
relevant stakeholders and asking them for their views. The
issues identified are really the basis for the discussion of
policy issues behind the law and the need for change in the
law to reflect the community’s wish and that of the
stakeholders. In this case, we are concerned with the reform
of the criminal law. The stakeholders in the criminal law are
the police, the courts, the legal profession and the prison
service.
After the consultation process is completed, the Law Reform
Commission writes a report and submits it to the Minister
responsible for law and justice. That is, the outcome of the law
reform process takes the form of recommendations being made
to the Minister. It is usual for the report to be attached with a
draft bill. The decision to take the bill to Parliament is made by
the Minister and not by the Law Reform Commission.
The bills passed by Parliament as a result of law reform work
contain the wish of the community at large following
consultations with the community and the relevant
stakeholders.
Whereas the bills passed by Parliament by the Government
Ministries or Departments contain the policies of the
Government of the day in terms of implementing government
policies. There is therefore a difference in approach and
substance regarding the content of legislation and the
consultation process in each case.
How does the law reform bill pass in Parliament?
However, in both cases, the process of passage in Parliament
is the same. The bill goes through the first reading, the second
reading and the third reading stages. The members of
Parliament would vote for or against the bill at the second
reading and the third reading. If the votes for the bill are in the
majority on both readings, the bill is passed. At this stage, it is
called an Act of Parliament but will not become law until the
Governor-General assents to it.
Although it has become law upon the royal assent, it is not
effective until it is brought into operation by a notice signed by
the relevant Minister and published in the Gazette.
What are the categories of law we have in Solomon
Islands?
The term “law” has two categories, the civil law and
the criminal law. The civil law category is very wide in scope
in that it includes everything that is not criminal in nature.
The laws of contract and tort, etc. are a few examples of civil
law. The criminal law category is confined to anything that is
criminal in nature.
Where does the criminal law come into the legal
system?
The Penal Code of Solomon Islands is the criminal
law in Solomon Islands plus other criminal offences created by
Parliament in other Acts such the traffic law, liquor law and
many more.
The Criminal Procedure Code is the law that regulates the
procedure for the administration of the criminal law system in
Solomon Islands.
The criminal law had been part of our law since 1893 in the
form of Orders in Council, Royal Regulations, Ordinances and
now Acts of Parliament. It continues today as the Penal Code
together with the Criminal Procedure Code.
Who is responsible for the enforcement of the criminal
law?
The criminal law is enforced by the Police in terms of
criminal investigation and prosecution in the courts. The more
serious offences are prosecuted by the Office of the Director of
Public Prosecutions the (DPP) and the less serious ones by the
Police. The Magistrates courts hear and determine the less
serious offences, and the High Court, the more serious
offences. Any persons who do not agree with the decisions of
the Magistrates courts may appeal to the High Court.
Similarly, any persons who do not agree with the decision of
the High Court may appeal to the Solomon Islands Court of
Appeal.
The Office of the Public Solicitor assists persons who are
charged with criminal offences in terms of giving them legal
advice and standing for them in the courts.
What is the end result of the criminal law process?
The prison service is the end result of the
administration of the criminal law. Those who are convicted of
criminal offences are sent to prison to serve terms of
punishment and then released back into the community.
Those who committed murder are sent into prison custody for
life after trial and conviction by the courts.
Are other laws also in need of reform?
Other laws are also in need of reform. For example,
the law of marriage, divorce, building standards, mental
illness, land below high water-mark and so on are currently in
need of reform.
Who is looking into the reform of these other laws?
The Law Reform Commission is also responsible for
the reform of the laws given to it by the Minister responsible
for law and justice. However, right now, the criminal law is
being reviewed first as a matter of first choice. The
professional staff of the Law Reform Commission is small in
size and therefore cannot do everything at one time.
When is the review of the criminal law being
completed?
The Penal Code has over 300 sections and will take
a long time to complete. The Criminal Procedure Code is also
lengthy and goes together with the Penal Code. Both of them
together is a massive undertaking but the Law Reform
Commission is committed to reviewing them and will continue
to do so until they are completed.
The first paper on the Penal Code is due to be released in
November, 2008. It will be followed by a series of
consultations which will go on for about six months. Whilst
consultation is going on, work on the other parts of the Penal
Code will continue. This process will continue until the work is
completed. Work on the issue of land above the high water
mark will also continue.

Judge Made Law

2009-03-24T21:47:00.004+07:00

a.1.Created by judges or judicial decision; - applied esp. to law applied or established by the judicial interpretation of statutes so as extend or restrict their scope, as to meet new cases, to provide new or better remedies, etc., and often used opprobriously of acts of judicial interpretation considered as doing this.

Judge´-made`
Judge-made law is contrasted with statutory law and civil law.
The law of the 13th century was judge-made law in a fuller and more literal sense than the law of any succeeding century has been.
- Sir Frederick Pollock.
Judge-made

CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR

2009-03-21T01:09:00.005+07:00

CONSTITUTION
OF
THE DEMOCRATIC
REPUBLIC OF EAST TIMOR

PREAMBLE

Following the liberation of the Timorese People from colonisation and illegal occupation of the Maubere Motherland by foreign powers, the independence of East Timor, proclaimed on the 28th of November 1975 by Frente Revolucionária do Timor-Leste Independente (FRETILIN), is recognised internationally on the 20th of May 2002.

The preparation and adoption of the Constitution of the Democratic Republic of East Timor is the culmination of the secular resistance of the Timorese People intensified following the invasion of the 7th of December 1975.

The struggle waged against the enemy, initially under the leadership of FRETILIN, gave way to more comprehensive forms of political participation, particularly in the wake of the establishment of the National Council of the Maubere Resistance (CNRT) in 1987 and the National Council of Timorese Resistance (CNRT) in 1998.

The Resistance was divided into three fronts.

The armed front was carried out by the glorious Forças Armadas de Libertação Nacional de Timor-Leste (FALINTIL) whose historical undertaking is to be praised.

The action of the clandestine front, astutely unleashed in hostile territory, involved the sacrifice of thousands of lives of women and men, especially the youth, who fought with abnegation for freedom and independence.

The diplomatic front, harmoniously carried out all over the world, enabled the paving of the way for definitive liberation.

In its cultural and humane perspective, the Catholic Church in East Timor has always been able to take on the suffering of all the People with dignity, placing itself on their side in the defence of their most fundamental rights.

Ultimately, the present Constitution represents a heart-felt tribute to all martyrs of the Motherland.

Thus, the Members of the Constituent Assembly, in their capacity as legitimate representatives of the People elected on the 30th of August 2001,

Based further on the results of the referendum of the 30th of August 1999 organised under the auspices of the United Nations which confirmed the self-determined will for independence;

Fully conscious of the need to build a democratic and institutional culture proper of a State based on the rule of law where respect for the Constitution, for the laws and for democratically elected institutions constitute its unquestionable foundation;
Interpreting the profound sentiments, the aspirations and the faith in God of the People of East Timor;

Solemnly reaffirm their determination to fight all forms of tyranny, oppression, social, cultural or religious domination and segregation, to defend national independence, to respect and guarantee human rights and the fundamental rights of the citizen, to ensure the principle of the separation of powers in the organisation of the State, and to establish the essential rules of multi-party democracy, with a view to building a just and prosperous nation and developing a society of solidarity and fraternity.

The Constituent Assembly, meeting in plenary session on the 22nd of March 2002, approves and decrees the following Constitution of the Democratic Republic of East Timor:

CONSTITUTION OF THE DEMOCRATIC REPUBLIC OF EAST TIMOR

PART I

FUNDAMENTAL PRINCIPLES
Section 1
(The Republic)

1. The Democratic Republic of East Timor is a democratic, sovereign, independent and unitary State based on the rule of law, the will of the people and the respect for the dignity of the human person.
2. The 28th of November 1975 is the Day of Proclamation of Independence of the Democratic Republic of East Timor.
Section 2
(Sovereignty and constitutionality)

1. Sovereignty rests with the people, who shall exercise it in the manner and form laid down in the Constitution.
2. The State shall be subject to the Constitution and to the law.
3. The validity of the laws and other actions of the State and local Government depends upon their compliance with the Constitution.
4. The State shall recognise and value the norms and customs of East Timor that are not contrary to the Constitution and to any legislation dealing specifically with customary law.

Section 3
(Citizenship)

1. There shall be original citizenship and acquired citizenship in the Democratic Republic of East Timor.
2. The following citizens shall be considered original citizens of East Timor, as long as they are born in the national territory:

a) Children of father or mother born in East Timor;
b) Children of incognito parents, stateless parents or parents of unknown nationality;
c) Children of a foreign father or mother who, being over seventeen years old, declare their will to become East Timorese nationals.

3. Irrespective of being born in a foreign country, children of a Timorese father or mother shall be considered original citizens of East Timor.

a) Children of an East Timorese father or mother living overseas;
b) Children of an East Timorese father or mother serving the State outside the country;

4. Acquisition, loss and reacquisition of citizenship, as well as its registration and proof, shall be regulated by law.

Section 4
(Territory)

1. The territory of the Democratic Republic of East Timor comprises the land surface, the maritime zone and the air space demarcated by the national boundaries that historically comprise the eastern part of Timor Island, the enclave of Oecussi, the island of Ataúro and the islet of Jaco.
2. The extent and limits of territorial waters and the exclusive economic zone, and the rights of East Timor to the adjacent seabed and continental shelf shall be laid down in the law.
3. The State shall not alienate any part of the East Timorese territory or the rights of sovereignty over the land, without prejudice to rectification of borders.

Section 5
(Decentralisation)

1. On matters of territorial organisation, the State shall respect the principle of decentralisation of public administration.
2. The law shall determine and establish the characteristics of the different territorial levels and the administrative competencies of the respective organs.
3. Oecussi Ambeno and Ataúro shall enjoy special administrative and economic treatment.
Section 6
(Objectives of the State)

The fundamental objectives of the State shall be:
a) To defend and guarantee the sovereignty of the country;
b) To guarantee and promote fundamental rights and freedoms of the citizens and the respect for the principles of the democratic State based on the rule of law;
c) To defend and guarantee political democracy and participation of the people in the resolution of national problems;
d) To guarantee the development of the economy and the progress of science and technology;
e) To promote the building of a society based on social justice, by establishing material and spiritual welfare of the citizens;
f) To protect the environment and to preserve natural resources;
g) To assert and value the personality and the cultural heritage of the East Timorese people;
h) To promote the establishment and the development of relations of friendship and co-operation among all Peoples and States;
i) To promote the harmonious and integrated development of the sectors and regions and the fair distribution of the national product;
j) To promote and guarantee the effective equality of opportunities between women and men.

Section 7
(Universal Suffrage and multi-party system)

1. The people shall exercise the political power through universal, free, equal, direct, secret and periodic suffrage and through other forms laid down in the Constitution.
2. The State shall value the contribution of political parties for the organised expression of the popular will and for the democratic participation of the citizen in the governance of the country.

Section 8
(International Relations)

1. On matters of international relations, the Democratic Republic of East Timor shall govern itself by the principles of national independence, the right of the Peoples to self-determination and independence, the permanent sovereignty of the peoples over their wealth and natural resources, the protection of human rights, the mutual respect for sovereignty, territorial integrity and equality among States and the non-interference in domestic affairs of other States.
2. The Democratic Republic of East Timor shall establish relations of friendship and co-operation with all other peoples, aiming at the peaceful settlement of conflicts, the general, simultaneous and controlled disarmament, the establishment of a system of collective security and establishment of a new international economic order capable of ensuring peace and justice in the relations among peoples.
3. The Democratic Republic of East Timor shall maintain privileged ties with the countries whose official language is Portuguese.
4. The Democratic Republic of East Timor shall maintain special ties of friendship and co-operation with its neighbouring countries and the countries of the region.

Section 9
(International law)

1. The legal system of East Timor shall adopt the general or customary principles of international law.
2. Rules provided for in international conventions, treaties and agreements shall apply in the internal legal system of East Timor following their approval, ratification or accession by the respective competent organs and after publication in the official gazette.
3. All rules that are contrary to the provisions of international conventions, treaties and agreements applied in the internal legal system of East Timor shall be invalid.

Section 10
(Solidarity)

1. The Democratic Republic of East Timor shall extend its solidarity to the struggle of the peoples for national liberation.
2. The Democratic Republic of East Timor shall grant political asylum, in accordance with the law, to foreigners persecuted as a result of their struggle for national and social liberation, defence of human rights, democracy and peace.
Section 11
(Valorisation of Resistance)

1. The Democratic Republic of East Timor acknowledges and values the secular resistance of the Maubere People against foreign domination and the contribution of all those who fought for national independence.
2. The State acknowledges and values the participation of the CatholicChurch in the process of national liberation of East Timor.
3. The State shall ensure special protection to the war-disabled, orphans and other dependants of those who dedicated their lives to the struggle for independence and national sovereignty, and shall protect all those who participated in the resistance against the foreign occupation, in accordance with the law.
4. The law shall define the mechanisms for rendering tribute to the national heroes.

Section 12
(State and religious denominations)

1. The State shall recognise and respect the different religious denominations, which are free in their organisation and in the exercise of their own activities, to take place in due observance of the Constitution and the law.
2. The State shall promote the cooperation with the different religious denominations that contribute to the well-being of the people of East Timor.

Section 13
(Official languages and national languages)

1. Tetum and Portuguese shall be the official languages in the Democratic Republic of East Timor.
2. Tetum and the other national languages shall be valued and developed by the State.

Section 14
(National symbols)

1. The national symbols of the Democratic Republic of East Timor shall be the flag, the emblem and the national anthem.
2. The emblem and the national anthem shall be approved by law.

Section 15
(National Flag)

1. The National Flag is rectangular and is formed by two isosceles triangles, the bases of which are overlapping. One triangle is black and its height is equal to one-third of the length overlapped to the yellow triangle, whose height is equal to half the length of the Flag. In the centre of the black triangle there is a white star of five ends, meaning the light that guides. The white star has one of its ends turned towards the upper right end of the flag. The remaining part of the flag is red.
2. The colours mean:
yellow – the traces of colonialism;
Black – the obscurantism that needs to be overcome;
red – the struggle for national liberation;
White – peace.

PART II
FUNDAMENTAL RIGHTS, DUTIES, FREEDOMS AND GUARANTEES

TITLE I
GENERAL PRINCIPLES
Section 16
(Universality and Equality)

1. All citizens are equal before the law, shall exercise the same rights and shall be subject to the same duties.

2. No one shall be discriminated against on grounds of colour, race, marital status, gender, ethnical origin, language, social or economic status, political or ideological convictions, religion, education and physical or mental condition.
Section 17
(Equality between women and men)

Women and men shall have the same rights and duties in all areas of family life and political, economic, social, cultural.

Section 18
(Child protection)

1. Children shall be entitled to special protection by the family, the community and the State, particularly against all forms of abandonment, discrimination, violence, oppression, sexual abuse and exploitation.
2. Children shall enjoy all rights that are universally recognised, as well as all those that are enshrined in international conventions normally ratified or approved by the State.
3. Every child born inside or outside the wedlock shall enjoy the same rights and social protection.

Section 19
(Youth)

1. The State shall promote and encourage youth initiatives towards the consolidation of national unity, reconstruction, defence and development of the country.
2. The State shall promote education, health and vocational training for the youth as may be practicable.

Section 20
(Old Age)

1. Every senior citizen has the right to special protection by the State.
2. The old age policy entails measures of economic, social and cultural nature designed to provide the elderly with opportunities for personal achievement through active and
dignifying participation in the community.

Section 21
(Disabled citizen)

1. A disabled citizen shall enjoy the same rights and shall be subject to the same duties as all other citizens, except for the rights and duties which he or she is unable to exercise or fulfil due to his or her disability.
2. The State shall promote the protection of disabled citizens as may be practicable and in accordance with the law.

Section 22
(East Timorese citizens overseas)

East Timorese citizens who are or live overseas shall enjoy protection by the State for the exercise of their rights and shall be subject to duties not incompatible with their absence from the country.

Section 23
(Interpretation of fundamental rights)

Fundamental rights enshrined in the Constitution shall not exclude any other rights provided for by the law and shall be interpreted in accordance with the Universal Declaration of Human Rights.

Section 24
(Restrictive laws)

1. Restriction of rights, freedoms and guarantees can only be imposed by law in order to safeguard other constitutionally protected rights or interests and in cases clearly provided for by the Constitution.
2. Laws restricting rights, freedoms and guarantees have necessarily a general and abstract nature and may not reduce the extent and scope of the essential contents of constitutional provisions and shall not have a retroactive effect.

Section 25
(State of exception)

1. Suspension of the exercise of fundamental rights, freedoms and guarantees shall only take place if a state of siege or a state of emergency has been declared as provided for by the Constitution.
2. A state of siege or a state of emergency shall only be declared in case of effective or impending aggression by a foreign force, of serious disturbance or threat of serious disturbance to the democratic constitutional order, or of public disaster.
3. A declaration of a state of siege or a state of emergency shall be substantiated, specifying rights, freedoms and guarantees the exercise of which is to be suspended.
4. A suspension shall not last for more than thirty days, without prejudice of possible justified renewal, when strictly necessary, for equal periods of time.
5. In no case shall a declaration of a state of siege affect the right to life, physical integrity, citizenship, non-retroactivity of the criminal law, defence in a criminal case and freedom of conscience and religion, the right not to be subjected to torture, slavery or servitude, the right not to be subjected to cruel, inhuman or degrading treatment or punishment , and the guarantee of non-discrimination.
6. Authorities shall restore constitutional normality as soon as possible.

Section 26
(Access to courts)

Access to courts is guaranteed to all for the defence of their legally protected rights and interests.

Justice shall not be denied for insufficient economic means.

Section 27
(Ombudsman)

1. The Ombudsman shall be an independent organ in charge to examine and seek to settle citizens’ complaints against public bodies, certify the conformity of the acts with the law, prevent and initiate the whole process to remedy injustice.
2. Citizens may present complaints concerning acts or omissions on the part of public bodies to the Ombudsman, who shall undertake a review, without power of decision, and shall forward recommendations to the competent organs as deemed necessary.
3. The Ombudsman shall be appointed by the National Parliament through absolute majority votes of its members for a term of office of four years.
4. The activity the Ombudsman shall be independent from any means of grace and legal remedies as laid down in the Constitution and the law.
5. Administrative organs and public servants shall have the duty to collaborate with the Ombudsman.

Section 28
(Right to resistance and self-defence)

1. Every citizen has the right to disobey and to resist illegal orders or orders that affect their fundamental rights, freedoms and guarantees.
2. The right to self-defence is guaranteed to all, in accordance with the law.

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 29
(Right to life)

1. Human life is inviolable.
2. The State shall recognise and guarantee the right to life.
3. There shall be no death penalty in the Democratic Republic of East Timor.

Section 30
(Right to personal freedom, security and integrity)

1. Every one has the right to personal freedom, security and integrity.
2. No one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal timeframe.
3. Every individual who loses his or her freedom shall be immediately informed, in a clear and precise manner, of the reasons for his or her arrest or detention as well as of his or her rights, and allowed to contact a lawyer, directly or through a relative or a trusted person.
4. No one shall be subjected to torture and cruel, inhuman or degrading treatment.

Section 31
(Application of criminal law)

1. No one shall be subjected to trial, except in accordance with the law.
2. No one shall be tried and convicted for an act that does not qualify in the law as a criminal offence at the moment it was committed, nor endure security measures the provisions of which are not clearly established in previous law.
3. Penalties or security measures not clearly provided for by law at the moment the criminal offence was committed shall not be enforced.
4. No one shall be tried and convicted for the same criminal offence more than once.
5. Criminal law shall not be enforced retroactively, except if the new law is in favour of the accused.
6. Anyone who has been unjustly convicted has the right to a fair compensation in accordance with the law.

Section 32
(Limits on sentences and security measures)

1. There shall be no life imprisonment nor sentences or security measures lasting for unlimited or indefinite period of time in the Democratic Republic of East Timor.
2. In case of danger as a result of mental illness, security measures may be successively extended by judicial decision.
3. Criminal liability is not transmissible.
4. Persons who are subjected, on conviction, to a sentence or a security measure involving loss of freedom remain entitled to their fundamental rights, subject to the limitations that necessarily derive from that conviction and from the requirements for its enforcement.

Section 33
(Habeas corpus)

1. Everyone who illegally loses his or her freedom has the right to apply for habeas corpus.
2. An application for habeas corpus shall be made by the detainee or by any other person in the exercise of his or her civil rights, in accordance with the law.
3. The court shall rule on the application for habeas corpus within 8 days at a hearing in the presence of both parties.

Section 34
(Guarantees in criminal proceedings)

1. Everyone charged with an offence is presumed innocent until convicted.
2. An accused person has the right to select, and be assisted by, a lawyer at all stages of the proceedings and the law shall determine the circumstances for which the presence of the lawyer is mandatory.
3. Every individual is guaranteed the inviolable right of hearing and defence in criminal proceedings.
4. Evidence is of no effect if obtained by torture, coercion, infringement of the physical or moral integrity of the individual, or wrongful interference with private life, the home, correspondence or other forms of communication.

Section 35
(Extradition and expulsion)

1. Extradition shall only take place following a court decision.
2. Extradition on political grounds is prohibited.
3. Extradition in respect of offences punishable, under the law of the requesting State, by death penalty or life imprisonment or whenever there are grounds to assume that the person to be extradited may be subjected to torture and inhuman, degrading and cruel treatment, shall not be permitted.
4. An East Timorese national shall not be expelled or expatriated from the national territory.
Section 36
(Right to honour and privacy)

Every individual has the right to honour, good record and reputation, protection of his or her public image and privacy of his or her personal and family life.

Section 37
(Inviolability of home and correspondence)

1. Any person's home and the privacy of his or her correspondence and other means of private communication are inviolable, except in cases provided for by law as a result of criminal proceedings.
2. A person's home shall not be entered against his or her will, except under the written order of a competent judicial authority and in the cases and manner prescribed by law.
3. Entry into any person's home at night against his or her will is clearly prohibited, except in case of serious threat to life or physical integrity of somebody inside the home.

Section 38
(Protection of personal data)

1. Every citizen has the right to access personal data stored in a computer system or entered into mechanical or manual records regarding him or her, and he or she may require correction and up-date thereof and has the right to know their purpose.
2. The law shall determine the concept of personal data, as well as the conditions applicable to the processing thereof.
3. The processing of personal data on private life, political and philosophical convictions, religious faith, party or trade union membership and ethnical origin, without the consent of the interested person, is prohibited.

Section 39
(Family, marriage and maternity)

1. The State shall protect the family as the society’s basic unit and a condition for the harmonious development of the individual.
2. Every one has the right to establish and live in a family.
3. Marriage shall be based upon free consent by the parties and on terms of full equality of rights between spouses, in accordance with the law.
4. Maternity shall be dignified and protected, and special protection shall be guaranteed to all women during pregnancy and after delivery and working women shall have the right to be exempted from the workplace for an adequate period before and after delivery, without loss of remuneration or any other benefits, in accordance with the law.

Section 40
(Freedom of speech and information)

1. Every person has the right to freedom of speech and the right to inform and be informed impartially.
2. The exercise of freedom of speech and information shall not be limited by any sort of censorship.
3. The exercise of rights and freedoms referred to in this Section shall be regulated by law based on the imperative of respect for the Constitution and the dignity of the human person.

Section 41
(Freedom of the press and mass media)

1. Freedom of the press and other mass media is guaranteed.
2. Freedom of the press shall comprise, namely, the freedom of speech and creativity for journalists, the access to information sources, editorial freedom, protection of independence and professional confidentiality, and the right to create newspapers, publications and other means of broadcasting.
3. The monopoly on the mass media shall be prohibited.
4. The State shall guarantee the freedom and independence of the public mass media from political and economic powers.
5. The State shall guarantee the existence of a public radio and television service that is impartial in order to, inter-alia, protect and disseminate the culture and the traditional values of the Democratic Republic of East Timor and guarantee opportunities for the expression of different lines of opinion.
6. Radio and television stations shall operate only under a licence, in accordance with the law.
Section 42
(Freedom to assemble and demonstrate)

1. Everyone is guaranteed the freedom to assemble peacefully and unarmed, without a need for prior authorisation.
2. Everyone is recognised the right to demonstrate in accordance with the law.

Section 43
(Freedom of association)

1. Everyone is guaranteed freedom of association provided that the association is not intended to promote violence and is in accordance with the law.
2. No one shall be compelled to join an association or to remain in it against his or her will.
3. The establishment of armed, military or paramilitary associations, including organisations of a racist or xenophobic nature or that promote terrorism, shall be prohibited.

Section 44
(Freedom of movement)

1. Every person has the right to move freely and to settle anywhere in the national territory.
2. Every citizen is guaranteed the right to emigrate freely and to return to the country.

Section 45
(Freedom of conscience, religion and worship)

1. Every person is guaranteed the freedom of conscience, religion and worship and the religious denominations are separated from the State.
2. No one shall be persecuted or discriminated against on the basis of his or her religious convictions.
3. The right to be a conscientious objector shall be guaranteed in accordance with the law.
4. Freedom to teach any religion in the framework of the respective religious denomination is guaranteed.

Section 46
(Right to political participation)

1. Every citizen has the right to participate in the political life and in the public affairs of the country, either directly or through democratically elected representatives.
2. Every citizen has the right to establish and to participate in political parties.
3. The establishment and organization of political parties shall be regulated by law.

Section 47
(Right to vote)

1. Every citizen over the age of seventeen has the right to vote and to be elected.
2. The exercise of the right to vote is personal and constitutes a civic duty.

Section 48
(Right to petition)

Every citizen has the right to submit, individually or jointly with others, petitions, complaints and claims to organs of sovereignty or any authority for the purpose of defending his or her rights, the Constitution, the law or general interests.

Section 49
(Defence of Sovereignty)

1. Every citizen has the right and the duty to contribute towards the defence of independence, sovereignty and territorial integrity of the country.
2. Serving in the army shall take place in accordance with the law.

TITLE III
ECONOMIC, SOCIAL AND CULTURAL RIGHTS AND DUTIES
Section 50
(Right to work)

1. Every citizen, regardless of gender, has the right and the duty to work and to choose freely his or her profession.
2. The worker has the right to lab our safety and hygiene, remuneration, rest and vacation.
3. Dismissal without just cause or on political, religious and ideological grounds is prohibited.
4. Compulsory work, without prejudice to the cases provided for under penal legislation, is prohibited.
5. The State shall promote the establishment of co-operatives of production and shall lend support to household businesses as sources of employment.

Section 51
(Right to strike and prohibition of lock-out)

1. Every worker has the right to resort to strike, the exercise of which shall be regulated by law.
2. The law shall determine the conditions under which services are provided, during a strike, that are necessary for the safety and maintenance of equipment and facilities, as well as minimum services that are necessary to meet essential social needs.
3. Lock-out is prohibited.

Section 52
(Trade union freedom)

1. Every worker has the right to form or join trade unions and professional associations in defence of his or her rights and interests.
2. Trade union freedom is sub-divided, namely, into freedom of establishment, freedom of membership and freedom of organisation and internal regulation.
3. Trade unions and trade union associations shall be independent of the State and the employers.

Section 53
(Consumer rights)

1. Consumers have the right to goods and services of good quality, to truthful information and protection of their health, safety and economic interests, and to reparation for damages.
2. Advertising shall be regulated by law, and all forms of concealed, indirect or misleading advertising are prohibited.

Section 54
(Right to private property)

1. Every individual has the right to private property and can transfer it during his or her lifetime or on death, in accordance with the law.
2. Private property should not be used to the detriment of its social purpose.
3. Requisitioning and expropriation of property for public purposes shall only take place following fair compensation in accordance with the law.
4. Only national citizens have the right to ownership of land.

Section 55
(Obligations of the taxpayer)

Every citizen with a certified income has the duty to pay tax in order to contribute to public revenues.

Section 56
(Social security and assistance)

1. Every citizen is entitled to social assistance and security in accordance with the law.
2. The State shall promote, in accordance with its national resources, the establishment of a social security system.
3. The State shall support and supervise the activity and functioning of institutions of social solidarity and other non-profit institutions of recognised public interest, in accordance with the law.
Section 57
(Health)

1. Everyone has the right to health and medical care, and the duty to protect and promote them.
2. The State shall promote the establishment of a national health service that is universal and general. The national health service shall be free of charge in accordance with the possibilities of the State and in conformity with the law.
3. The national health service shall have, as much as possible, a decentralised participatory management.

Section 58
(Housing)

Everyone has the right to a house, both for himself or herself and for his or her family, of adequate size that meets satisfactory standards of hygiene and comfort and preserves personal intimacy and family privacy.

Section 59
(Education and culture)

1. The State shall recognise and guarantee that every citizen has the right to education and culture, and it is incumbent upon it to promote the establishment of a public system of universal and compulsory basic education that is free of charge in accordance with its possibilities and in conformity with the law.
2. Everyone has the right to equal opportunities for education and vocational training.
3. The State shall recognise and supervise private and co-operative education.
4. The State should ensure the access of every citizen, in accordance to their abilities, to the highest levels of education, scientific research and artistic creativity.
5. Everyone has the right to cultural enjoyment and creativity and the duty to preserve, protect and value cultural heritage.

Section 60
(Intellectual Property)

The State shall guarantee and protect the creation, production and commercialisation of literary, scientific and artistic work, including the legal protection of copyrights.

Section 61
(Environment)

1. Everyone has the right to a humane, healthy, and ecologically balanced environment and the duty to protect it and improve it for the benefit of the future generations.
2. The State shall recognise the need to preserve and rationalise natural resources.
3. The State should promote actions aimed at protecting the environment and safeguarding the sustainable development of the economy.

PART III
ORGANIZATION OF POLITICAL POWER

TITLE I
GENERAL PRINCIPLES

Section 62
(Source and exercise of political power)

Political power lies with the people and is exercised in accordance with the terms of the Constitution.

Section 63
(Participation by citizens in political life)

1. Direct and active participation by men and women in political life is a requirement of, and a fundamental instrument for consolidating, the democratic system.
2. The law shall promote equality in the exercise of civil and political rights and non-discrimination on the basis of gender for access to political positions.

Section 64
(Principle of Renewal)

No one shall hold any political office for life, or for indefinite periods of time.
Section 65
(Elections)

1. Elected organs of sovereignty and of local government shall be chosen by free, direct, secret, personal and regular universal suffrage.
2. Registration of voters shall be compulsory and officially initiated, single and universal, to be up-dated for each election.
3. Electoral campaigns shall be governed in accordance with the following principles:
a) Freedom to canvass;
b) Equality of opportunity and treatment for all candidacies;
c) Impartiality towards candidacies on the part of public bodies;
d) Transparency and supervision of electoral expenses.

4. Conversion of the votes into mandates shall observe the principle of proportional representation;
5. The electoral process shall be regulated by law.
6. Supervision of voters’ registration and electoral acts shall be incumbent upon an independent organ, the competences , composition , organization and functioning of which shall be established by law.

Article 66
(Referendum)

1. Voters who are registered in the national territory may be called upon to express their opinions in a referendum on issues of relevant national interest.
2. A referendum shall be called by the President of the Republic, following a proposal by one third, and deliberation approved by a two thirds majority, of the Members of the National Parliament, or following a well-founded proposal by the Government.
3. Matters falling under the exclusive competence of the Parliament, the Government and the Courts as defined by the Constitution shall not be the subject of a referendum.
4. A referendum shall only be binding where the number of voters is higher than half of the registered electors.
5. The process of a referendum shall be defined by law.

Section 67
(Organs of Sovereignty)

The organs of sovereignty shall comprise the President of the Republic, the National Parliament, the Government and the Courts.

Section 68
(Incompatibilities)

1. The holding of the offices of President of the Republic, Speaker of the National Parliament, President of the Supreme Court of Justice, President of the High Administrative, Tax and Audit Court, Prosecutor-General and member of Government shall be incompatible with one another.
2. The law shall define other incompatibilities.

Section 69
(Principle of separation of powers)

Organs of sovereignty, in their reciprocal relationship and exercise of their functions, shall observe the principle of separation and interdependence of powers established in the Constitution.

Section 70
(Political parties and the right of opposition)

1. Political parties shall participate in organs of political power in accordance with their democratic representation based on direct and universal suffrage.
2. The right of political parties to democratic opposition, as well as the right to be informed regularly and directly on the progress of the main issues of public interest, shall be recognised.
Section 71
(Administrative organisation)

1. The central government should be represented at the different administrative levels of the country.
2. Oecussi Ambeno shall be governed by a special administrative policy and economic regime.
3. Ataúro shall enjoy an appropriate economic status.
4. The political and administrative organisation of the territory of the Democratic Republic of East Timor shall be defined by law.

Article 72
(Local government)

1. Local government is constituted by corporate bodies vested with representative organs, with the objective of organising the participation by citizens in solving the problems of their own community and promoting local development without prejudice to the participation by the State.
2. The organisation, competence, functioning and composition of the organs of local government shall be defined by law.

Section 73
(Publication of legislation and decisions)

1. Legislation and decisions shall be published by the organs of sovereignty in the official gazette.
2. Failure to publish any of the legislation or decisions specified in item 1 above or decisions of a general nature taken by the organs of sovereignty or local government shall render them null and void.
3. The form of publication of other legislation and decisions, and the consequences of the failure to do so, shall be determined by law.

TITLE II

PRESIDENT OF THE REPUBLIC

CHAPTER I

STATUS, ELECTION AND APPOINTMENT

Section 74
(Definition)

1. The President of the Republic is the Head of State and the symbol and guarantor of national independence and unity of the State and of the smooth functioning of democratic institutions.
2. The President of the Republic is the Supreme Commander of the Defence Force.

Section 75
(Eligibility)

1. To stand as presidential candidates, East Timorese citizens should meet cumulatively the following requirements:

a) original citizenship;
b) at least 35 (Thirty -five) years of age;
c) to be in possession of his or her full faculties;
d) to be proposed by a minimum of five thousand voters.

2. The President of the Republic has a term of office of 5 years and shall cease his or her functions with the swearing-in of the new President-elect.
3. The President of the Republic's term of office may be renewed only once.

Section 76
(Election)

1. The President of the Republic shall be elected by universal, free, direct, secret, and personal suffrage.
2. The election of the President of the Republic shall be conducted through the system based on the majority of validly expressed votes, excluding blank votes.
3. Where no candidate gets more than half of the votes, a second round shall take place on the 30th day following the first voting.
4. Only the two candidates obtaining the highest number of votes shall be eligible to stand in a run-off election, provided they have not withdrawn their candidacies.

Section 77
(Inauguration and swearing-in)

1. The President of the Republic shall be sworn in by the Speaker of the National Parliament and shall be inaugurated in public ceremony before the members of the National Parliament and the representatives of the other organs of sovereignty.
2. The inauguration shall take place on the last day of the term of office of the outgoing President or, in case of election due to vacancy, on the eighth day following the publication of the electoral results.
3. At the swearing-in ceremony, the President of the Republic shall take the following oath:

“I swear to God, to the people and on my honour that I will fulfil with loyalty the functions that have been invested in me, will abide by and enforce the Constitution and the laws and will dedicate all my energies to the defence and consolidation of independence and national unity.”

Section 78
(Incompatibilities)

The President of the Republic shall not hold any other political position or public office at the national level, and under no circumstances shall he or she undertake private assignments.

Section 79
(Criminal liability and Constitutional Obligations)

1. The President of the Republic shall enjoy immunity in the exercise of his or her functions.
2. The President of the Republic shall be answerable before the Supreme Court of Justice for crimes committed in the exercise of his or her functions and for clear and serious violation of his or her constitutional obligations.
3. It is the incumbent upon the National Parliament to initiate the criminal proceedings, following a proposal made by one-fifth, and deliberation approved by a two-third majority, of its Members.
4. The Plenary of the Supreme Court of Justice shall issue a judgment within a maximum of 30 days.
5. Conviction shall result in forfeiture of office and disqualification from re-election.
6. For crimes not committed in the exercise of his or her functions, the President of the Republic shall also be answerable before the Supreme Court of Justice, and forfeiture of office shall only occur in case of sentence to prison.
7. In the cases provided for under the previous item, immunity shall be withdrawn at the initiative of the National Parliament in accordance with provisions of item 3 of this Section.

Section 80
(Absence)

1. The President of the Republic shall not be absent from the national territory without the previous consent of the National Parliament or of its Standing Committee, if Parliament is in recession.
2. Failure to observe provision of item 1 above shall imply forfeiture of the office, as provided for by the previous Section.
3. The President of the Republic's private visits not exceeding fifteen days shall not require the consent of the National Parliament. Nonetheless, the President of the Republic should notify the National Parliament of such visits in advance.

Section 81
(Resignation of Office)

1. The President of the Republic may resign from office by message addressed to the National Parliament.
2. Resignation shall take effect once the message is made known to the National Parliament without prejudice to its subsequent publication in the official gazette.
3. Where the President of the Republic resigns from office, he or she shall not be eligible to stand for presidential elections immediately after resignation nor in the regular elections to be held after five years.

Section 82
(Death, resignation or permanent disability)

1. In case of death, resignation or permanent disability of the President of the Republic, his or her functions shall be taken over on an interim basis by the Speaker of the National Parliament, who shall be sworn in by the Speaker a.i. of the National Parliament before the Members of the National Parliament and representatives of the organs of sovereignty.
2. Permanent disability shall be declared by the Supreme Court of Justice, which shall also have the responsibility to confirm the death of the President of the Republic and the vacancy of office resulting therefrom.
3. The election of a new President of the Republic in case of death, resignation or permanent disability should take place within the subsequent ninety days, after certification or declaration of death, resignation or permanent disability.
4. The President of the Republic shall be elected for a new term of office.
5. In case of refusal by the President-elected to take office or in case of his or her death or permanent disability, the provisions of this Section shall apply.

Section 83
(Exceptional Cases)

1. Where death, resignation or permanent disability occur in the imminence of exceptional situations of war or protracted emergency, or of an insurmountable difficulty of a technical or material nature, to be defined by law, preventing the holding of a presidential election by universal suffrage as provided for by Section 76, the new President of the Republic shall be elected by the National Parliament from among its members within the ninety subsequent days.
2. In the cases referred to in the previous item, the President-elect shall serve for the remainder of the interrupted term and he or she may run for the new election.

Section 84
(Replacement and interim office)

1. During temporary impediment of the President of the Republic, the presidential functions shall be taken over by the Speaker of National Parliament or, in case of impediment of the latter, by his or her replacement.
2. The parliamentary mandate of the Speaker of the National Parliament or of his or her replacement shall be automatically suspended over the period of time in which he or she holds the office of President of the Republic on an interim basis.
3. The parliamentary functions of the replacing or interim President of the Republic shall be temporarily taken over in accordance with the Rules of Procedures of the National Parliament.

CHAPTER II
COMPETENCIES

Section 85
(Competencies)

It is exclusively incumbent upon the President of the Republic:

a) To promulgate statutes and order the publication of resolutions by the National Parliament approving agreements and ratifying international treaties and conventions;
b) Exercise competencies inherent in the functions of Supreme Commander of the Defence Force;
c) To exercise the right of veto regarding any statutes within 30 days from the date of their receipt;
d) To appoint and swear in the Prime Minister designated by the party or alliance of parties with parliamentary majority after consultation with political parties sitting in the National Parliament;
e) To request the Supreme Court of Justice to undertake preventive appraisal and abstract review of the constitutionality of the rules, as well as verification of unconstitutionality by omission.
f) To submit relevant issues of national interest to a referendum as laid down in Section 66;
g) To declare the state of siege or the state of emergency following authorisation of the National Parliament, after consultation with the Council of State, the Government and the Supreme Council of Defence and Security;
h) To declare war and make peace following a Government proposal, after consultation with the Council of State and the Supreme Council of Defence and Security, under authorisation of the National Parliament;
i) To grant pardons and commute sentences after consultation with the Government;
j) To award honorary titles, decorations and merits in accordance with the law.

Section 86
(Competencies with regard to other organs)

It is incumbent upon the President of the Republic, with regard to other organs:

a) To chair the Supreme Council of Defence and Security;
b) To chair the Council of State;
c) To set dates for presidential and legislative elections in accordance with the Law;
d) To request the convening of extraordinary sessions of the National Parliament, whenever imperative reasons of national interest so justify;
e) To address messages to the National Parliament and the country;
f) To dissolve the National Parliament in case of a serious institutional crisis preventing the formation of a government or the approval of the State Budget and lasting more than sixty days, after consultation with political parties sitting in the Parliament and with the Council of State, on pain of rendering the dissolution null and void, taking into consideration provisions of Section 100;
g) To dismiss the Government and remove the Prime Minister from office after the National Parliament has rejected his or her programme for two consecutive times.
h) To appoint, swear in and remove Government Members from office, following a proposal by the Prime-Minister, in accordance with item 2, Section 106;
i) To appoint two members for the Supreme Council of Defence and Security;
j) To appoint the President of the Supreme Court of Justice and swear in the President of the High Administrative, Tax and Audit Court;
k) To appoint the Prosecutor-General for a term of four years;
l) To appoint and dismiss the Deputy Prosecutor-General s in accordance with item 6, Section 133;
m) To appoint and dismiss, following proposal by the Government, the General Chief of Staff of the Defence Force, the Deputy General Chief of Staff of the Defence Force, and the Chiefs of Staff of the Defence Force, after consultation with the General Chief of Staff regarding the latter two cases;
n) To appoint five Members for the Council of State;
o) To appoint one member for the Superior Council for the Judiciary and for the Superior Council for the Public Prosecution.

Section 87
(Competencies with regard to International Relations)

It is incumbent upon the President of the Republic, in the field of international relations:

a) To declare war in case of effective or imminent aggression and make peace, following proposal by the Government, after consultation with the Supreme Council for Defence and Security and following authorisation of the National Parliament or of its Standing Committee.
b) To appoint and dismiss ambassadors, permanent representatives and special envoys, following proposal by the Government;
c) To receive credential letters and accredit foreign diplomatic representatives;
d) Conduct, in consultation with the Government, any negotiation process towards the completion of international agreements in the field of defence and security.

Section 88
(Promulgation and veto)

1. Within thirty days after receiving any statute from the National Parliament for the purpose of its promulgation as law, the President of the Republic shall either promulgate the statute or exercise the right of veto, in which case he or she, based on substantive grounds, shall send a message to the National Parliament requesting a new appraisal of the statute.
2. If, within ninety days, the National Parliament confirms its vote by an absolute majority of its Members in full exercise of their functions, the President of the Republic shall promulgate the statute within eight days after receiving it.
3. However, a majority of two-thirds of the Members present shall be required to ratify statutes on matters provided for in Section 95 where that majority exceeds an absolute majority of the Members in full exercise of their functions.
4. Within forty days after receiving any statute from the Government for the purpose of its promulgation as law, the President of the Republic shall either promulgate the instrument or exercise the right of veto by way of a written communication to the Government containing the reasons for the veto.

Section 89
Powers of an interim President of the Republic

An interim President of the Republic does not have any of the powers specified in following items f), g), h), i), j), k), l), m), n) and o) of Section 86.

CHAPTER III

COUNCIL OF STATE

Section 90
(Council of State)

1. The Council of State is the political advisory body of the President of the Republic and shall be headed by him or herself.
2. The Council of State shall comprise:
a) Former Presidents of the Republic who were not removed from office;
b) The Speaker of the National Parliament;
c) The Prime Minister;
d) Five citizens elected by the National Parliament in accordance with the principle of proportional representation and for the period corresponding to the legislative term, provided that they are not members of the organs of sovereignty.
e) Five citizens designated by the President of the Republic for the period corresponding to the term of office of the President, provided that they are not members of the organs of sovereignty.

Section 91
(Competence, organisation and functioning of the Council of State)

1. It is incumbent upon the Council of State:

a) Express its opinion on the dissolution of the National Parliament;
b) Express its opinion on the dismissal of the Government;
c) Express its opinion on the declaration of war and the making of peace;
d) Express its opinion on any other cases set out in the Constitution and advise the President of the Republic in the exercise of his or her functions, as requested by the President;
e) To draft its Rules of Procedures;

2. The meetings of the Council of State shall not be open to the public.
3. The organisation and functioning of the Council of State shall be established by law.

TITLE III

NATIONAL PARLIAMENT

CHAPTER I

STATUS AND ELECTION

Section 92
(Definition)

The National Parliament is the organ of sovereignty of the Democratic Republic of East Timor that represents all Timorese citizens and is vested with legislative supervisory and political decision making powers.

Section 93
(Election and composition)

1. The National Parliament shall be elected by universal, free, direct, equal, secret and personal suffrage.
2. The National Parliament shall be made up of a minimum of fifty-two and a maximum of sixty-five Members.
3. The law shall establish the rules relating to constituencies, eligibility conditions, nominations and electoral procedures.
4. Members of the National Parliament shall have a term of office of five years.

Section 94
(Immunities)

1. The Members of National Parliament shall not be held liable for civil, criminal or disciplinary proceedings in regard to votes and opinions expressed by them while performing their functions.
2. Parliamentary immunities may be withdrawn in accordance with the Rules of Procedures of the National Parliament.

CHAPTER II

COMPETENCE

Section 95
(Competence of the National Parliament)

1. It is incumbent upon the National Parliament to make laws on basic issues of the country’s domestic and foreign policy.
2. It is exclusively incumbent upon the National Parliament to make laws on:

a) The borders of the Democratic Republic of East Timor, in accordance with Section 4;
b) The limits of the territorial waters, of the exclusive economic area and of the rights of East Timor to the adjacent area and the continental shelf;
c) National symbols, in accordance with item 2 of Section 14;
d) Citizenship;
e) Rights, freedoms and guarantees;
f) The status and capacity of people, family law and descent law;
g) Territorial division;
h) The electoral law and the referendum system;
i) Political parties and associations;
j) The status of Members of the National Parliament;
k) The status of office holders in the organs of State;
l) The bases for the education system;
m) The bases for the health and social security system;
n) The suspension of constitutional guarantees and the declaration of the state of siege and the state of emergency;
o) The Defence and Security policy;
p) The tax policy;
q) The budget system.

3. It is also incumbent up on the National Parliament:
a) To ratify the appointment of the President of the Supreme Court of Justice and of the High Administrative, Tax and Audit Court;
b) To deliberate on progress reports submitted by the Government;
c) To elect one member for the Superior Council for the Judiciary and the Superior Council for the Public Persecution;
d) To deliberate on the State Plan and Budget and the execution report thereof;
e) To monitor the execution of the State budget;
f) To approve and denounce agreements and ratify international treaties and conventions;
g) To grant amnesty;
h) To give consent to trips by the President of the Republic on State visits;
i) To approve revisions of the Constitution by a majority of two-thirds of the Members of Parliament;
j) To authorise and confirm the declaration of the state of siege or the state of emergency;
k) To propose to the President of the Republic the submission to referendum of issues of national interest.

4. It is also incumbent upon the National Parliament:
a) To elect its Speaker and other members of the Chair;
b) To elect five members for the Council of State;
c) To prepare and approve its Rules of Procedure;
d) To set up the Standing Committee and establish the other parliamentary Committees.

Section 96
(Legislative authorisation)

1. The National Parliament may authorise the Government to make laws on the following matters:

a) Definition of crimes, sentences, security measures and respective prerequisites;
b) Definition of civil and criminal procedure;
c) Organisation of the Judiciary and status of magistrates;
d) General rules and regulations for the public service, the status of the civil servants and the responsibility of the State;
e) General bases for the organisation of public administration;
f) Monetary system;
g) Banking and financial system;
h) Definition of the bases for a policy on environment protection and sustainable development;
i) General rules and regulations for radio and television broadcasting and other mass media;
j) Civic or military service;
k) General rules and regulations for requisition and expropriation for public purposes;
l) Means and ways of intervention, expropriation, nationalisation and privatisation of means of production and soils on grounds of public interest, as well as criteria for the establishment of compensations in such cases.
2. Laws on legislative authorisation shall define the subject, sense, scope and duration of the authorisation, which may be renewed.
3. Laws on legislative authorisation shall not be used more than once and shall lapse with the dismissal of the Government, with the end of the legislative term or with the dissolution of the National Parliament.

Section 97
(Legislative initiative )

1. The power to initiate laws lies with:
2. The Members of Parliament;
3. The parliamentary groups;
4. The Government.
5. There shall be no submission of bills, draft legislation or amendments involving, in any given fiscal year, any increase in State expenditure or any reduction in State revenues provided for in the Budget or Rectifying Budgets.
6. Bills and draft legislation that have been rejected shall not be re-introduced in the same legislative session in which they have been tabled.
7. Bills and draft legislation that have not been voted on shall not need to be re-introduced in the ensuing legislative session, except in case of end of the legislative term.
8. Draft legislation shall lapse with the dismissal of the Government.

Section 98
(Parliamentary appraisal of statutes)

1. Statutes other than those approved under the exclusive legislative powers of the Government may be submitted to the National Parliament for appraisal, for purposes of terminating their validity or for amendment, following a petition of one-fifth of the Members of Parliament and within thirty days following their publication. This timeframe shall exclude the days when the functioning of the National Parliament is suspended.
2. The National Parliament may suspend, in part or in full, the force of a statute until it is appraised.
3. The suspension shall lapse after the National Parliament has held 10 plenary meetings without taking a final decision.
4. Where termination of validity is approved, the statute shall cease to be in force from the date of the publication of the resolution in the Official Gazette, and it shall not be published again in the same legislative session.
5. The process shall lapse if, after a statute has been submitted for appraisal, the National Parliament takes no decision on it, or, having decided to make amendments, it does not approve a law to that effect before the corresponding legislative session ends, provided fifteen plenary meetings have been held.

CHAPTER III
ORGANISATION AND FUNCTIONING

Section 99
(Legislative term)

1. The legislative term shall comprise five legislative sessions, and each legislative session shall have the duration of one year.
2. The regular period of functioning of the National Parliament shall be defined by the Rules of Procedure.
3. The National Parliament convenes on a regular basis following notice by its Speaker.
4. The National Parliament convenes on an extraordinary basis whenever so deliberated by the Standing Committee, at the request of one third of Members or following notice of the President of the Republic with a view to addressing specific issues.
5. In case of dissolution, the elected National Parliament shall commence a new legislative term, the length of which shall be increased by the time needed to complete the legislative session in progress at the date of the election.

Section 100
(Dissolution)

1. The National Parliament shall not be dissolved during the 6 months immediately following its election, during the last half-year of the term of office of the President of the Republic or during a state of siege or a state of emergency, on pain of rendering the act of dissolution null and void.
2. The dissolution of the National Parliament does not affect the continuance in office of its Members until the first meeting of the National Parliament after the ensuing election.

Section 101
(Attendance by Members of the Government)

1. Members of the Government have the right to attend plenary sessions of the National Parliament and may take the floor as provided for in the rules of procedures.
2. Sittings shall be fixed at which members of the Government shall be present to answer questions from Members of Parliament in accordance with the Rules of Procedure.
3. The National Parliament or its Committees may request members of the Governments to take part in their proceedings.

CHAPTER IV

STANDING COMMITTEE

Section 102
(Standing Committee)

1. The Standing Committee shall sit when the National Parliament is dissolved or in recession and in the other cases provided for in the Constitution;
2. The Standing Committee shall be presided over by the Speaker of the National Parliament and shall be comprised of Deputy Speakers and Parliament Members designated by the parties sitting in the Parliament in accordance with their respective representation.
3. It is incumbent upon the Standing Committee:

a) To follow-up the activities of the Government and the Public Administration;
b) To co-ordinate the activities of the Committees of the National Parliament;
c) To take steps for the convening of Parliament whenever deemed necessary;
d) To prepare and organise sessions of the National Parliament;
e) To give its consent regarding trips by the President of the Republic in accordance with Section 80;
f) To lead relations between the National Parliament and similar parliaments and institutions of other countries;
g) To authorise the declaration of the state of siege or the state of emergency.

TITLE IV
GOVERNMENT

CHAPTER I
DEFINITION AND STRUCTURE
Section 103
(Definition)

The Government is the organ of sovereignty responsible for conducting and executing the general policy of the country and is the supreme organ of Public Administration.

Section 104
(Composition)

1. The Government shall comprise the Prime Minister, the Ministers and the Secretaries of State.
2. The Government may include one or more Deputy Prime Ministers and Deputy Ministers.
3. The number, titles and competencies of ministries and secretariats of State shall be laid down in a Government statute.

Section 105
(Council of Ministers)

1. The Council of Ministers shall comprise the Prime Minister, the Deputy Prime Ministers, if any, and the Ministers.
2. The Council of Ministers shall be convened and chaired by the Prime Minister.
3. The Deputy Ministers, if any, and the Secretaries of State may be required to attend meetings of the Council of Ministers, without a right to vote.

CHAPTER II
FORMATION AND RESPONSIBILITY

Section 106
(Appointment)

1. The Prime Minister shall be designated by the political party or alliance of political parties with parliamentary majority and shall be appointed by the President of the Republic, after consultation with the political parties sitting in the National Parliament.
2. The remaining members of the Government shall be appointed by the President of the Republic following proposal by the Prime Minister.
Section 107
(Responsibility of the Government)

The Government shall be accountable to the President of the Republic and to the National Parliament for conducting and executing the domestic and foreign policy in accordance with the Constitution and the law.
a
Section 108
(The Programme of the Government)

1. Once appointed, the Government should develop its programme, which should include the objectives and tasks proposed, the actions to be taken and the main political guidelines to be followed in the fields of government activity.
2. Once approved by the Council of Ministers, the Prime Minister shall, within a maximum of thirty days after appointment of the Government, submit the Programme of Government to the National Parliament for consideration.

Section 109
(Consideration of the Programme of Government)

1. The Programme of the Government shall be submitted to the National Parliament for consideration. Where the National Parliament is not in session, its convening for this purpose shall be mandatory.
2. Debate on the programme of the Government shall not exceed five days and, prior to its closing, any parliamentary group may propose its rejection or the Government may request the approval of a vote of confidence.
3. Rejection of the programme of the Government shall require an absolute majority of the Members in full exercise of their functions.

Section 110
(Request for vote of confidence)

The Government may request the National Parliament to take a vote of confidence on a statement of general policy or on any relevant matter of national interest.

Section 111
(Vote of no confidence)

1. The National Parliament may, following proposal by one-quarter of the Members in full exercise of their functions, pass a vote of no confidence on the Government with respect to the implementation of its programme or any relevant matter of national interest.
2. Where a vote of no confidence is not passed, its signatories shall not move another vote of no confidence during the same legislative session.

Section 112
(Dismissal of the Government)

1. The dismissal of the Government shall occur when:

a) A new legislative term begins;
b) The President of the Republic accepts the resignation of the Prime Minister;
c) The Prime Minister dies or is suffering from a permanent physical disability;
d) Its programme is rejected for the second consecutive time;
e) A vote of confidence is not passed;
f) A vote of no confidence is passed by an absolute majority of the Members in full exercise of their functions;

2. The President of the Republic shall only dismiss the Prime Minister in accordance with the cases provided for in the previous item and when it is deemed necessary to ensure the regular functioning of the democratic institutions, after consultation with the Council of State.

Section 113
(Criminal liability of the members of Government)

1. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for more than two years, he or she shall be suspended from his or her functions so that the proceedings can be pursued.
2. Where a member of the Government is charged with a criminal offence punishable with a sentence of imprisonment for a maximum of two years, the National Parliament shall decide whether or not that member of the Government shall be suspended so that the proceedings can be pursued.

Section 114
(Immunities for members of the Government)

No member of the Government may be detained or imprisoned without the permission of the National Parliament, except for a felonious crime punishable with a maximum sentence of imprisonment for more than two years and in flagrante delicto.

CHAPTER III
COMPETENCIES

Section 115
(Competence of the Government)

1. It is incumbent upon the Government:

a) To define and implement the general policy of the country, following its approval by the National Parliament;
b) To guarantee the exercise of the fundamental rights and freedoms of the citizens;
c) To ensure public order and social discipline;
d) To prepare the State Plan and the State Budget and execute them following their approval by the National Parliament;
e) To regulate economic and social sector activities;
f) To prepare and negotiate treaties and agreements and enter into, approve, accede and denounce international agreements which do not fall under the competence of the National Parliament or of the President of the Republic;
g) To define and implement the foreign policy of the country;
h) To ensure the representation of the Democratic Republic of East Timor in the international relations;
i) To lead the social and economic sectors of the State;
j) To lead the labour and social security policy;
k) To guarantee the defence and consolidation of the public domain and the property of the State;
l) To lead and co-ordinate the activities of the ministries as well as the activities of the remaining institutions answerable to the Council of Ministers;
m) To promote the development of the co-operative sector and the support for household production;
n) To support private enterprise initiatives;
o) To take actions and make all the arrangements necessary to promote economic and social development and to meet the needs of the Timorese people;
p) To exercise any other competencies as provided by the Constitution and the law.

2. It is also incumbent upon the Government in relation with other organs :

a) To submit bills and draft resolutions to the National Parliament;
b) To propose to the President of the Republic the declaration of war or the making of peace;
c) To propose to the President of the Republic the declaration of the state of siege or the state of emergency;
d) To propose to the President of the Republic the submission to referendum of relevant issues of national interest;
e) To propose to the President of the Republic the appointment of ambassadors, permanent representatives and special envoys;

3. The Government has exclusive legislative powers on matters concerning its own organisation and functioning, as well as on the direct and indirect management of the State.
Section 116
(Competencies of the Council of Ministers)

It is incumbent upon the Council of Ministers:

a) To define the general guidelines of the government policy as well as those for its implementation;
b) To deliberate on a request for a vote of confidence from the National Parliament;
c) To approve bills and draft resolutions;
d) To approve statutes, as well as international agreements that are not required to be submitted to the National Parliament;
e) To approve actions by the Government that involve an increase or decrease in public revenues or expenditures;
f) To approve plans.

Section 117
(Competencies of members of the Government)

1. It is incumbent upon the Prime Minister:
a) To be the Head of Government;
b) To chair the Council of Ministers;
c) To lead and guide the general policy of the Government and co-ordinate the activities of all Ministers, without prejudice to the direct responsibility of each Minister for his or her respective governmental department.
d) To keep the President of the Republic informed on matters of domestic and foreign policy of the Government;
e) To perform other duties conferred by the Constitution and the law.

2. It is incumbent upon the Ministers:
a) To implement the policy defined for their respective Ministries;
b) To ensure relations between the Government and the other organs of the State in the area of responsibility of their respective Ministries.

3. Government statutes shall be signed by the Prime Minister and the Ministers in charge of the respective subject matter.

TITLE V
COURTS

CHAPTER I
COURTS AND THE JUDICIARY

Section 118
(Jurisdiction)

1. Courts are organs of sovereignty with competencies to administer justice in the name of the people.
2. In performing their functions, the courts shall be entitled to the assistance of other authorities.
3. Court decisions shall be binding and shall prevail over the decisions of any other authority.

Section 119
(Independence)

Courts are independent and subject only to the Constitution and the law.

Section 120
Review of unconstitutionality

The courts shall not apply rules that contravene the Constitution or the principles contained therein.

Section 121
(Judges)

1. Jurisdiction lies exclusively with the judges installed in accordance with the law.
2. In performing their functions, judges are independent and owe obedience only to the Constitution, the law and to their own conscience.
3. Judges have security of tenure and, unless otherwise provided for by law, may not be transferred, suspended, retired or removed from office.
4. To guarantee their independence, judges may not be held liable for their judgments and decisions, except in the circumstances provided for by law.
5. The law shall regulate the judicial organisation and the status of the judges of the courts of law.

Section 122
(Exclusiveness)

Judges in office may not perform any other functions, whether public or private, other than teaching or legal research, in accordance with the law.

Section 123
Categories of courts

1. There shall be the following categories of courts in the Democratic Republic of East Timor:
a) The Supreme Court of Justice and other courts of law;
b) The High Administrative, Tax and Audit Court and other administrative courts of first instance;
c) Military Courts.

2. Courts of exception shall be prohibited and there shall be no special courts to judge certain categories of criminal offence.
3. There may be Maritime Courts and Arbitration Courts.
4. The law shall determine the establishment, organisation and functioning of the courts provided for in the preceding items.
5. The law may institutionalise means and ways for the non-jurisdictional resolution of disputes.

Section 124
(Supreme Court of Justice)

1. The Supreme Court of Justice is the highest court of law and the guarantor of a uniform enforcement of the law, and has jurisdiction throughout the national territory.
2. It is also incumbent on the Supreme Court of Justice to administer justice on matters of legal, constitutional and electoral nature.
3. The President of the Supreme Court of Justice shall be appointed by the President of the Republic from among judges of the Supreme Court of Justice for a term of office of four years.

Section 125
(Functioning and Composition)

1. The Supreme Court of Justice shall operate:

a) In sections, like a court of first instance, in the cases provided for in the law;
b) In plenary, like a court of second and single instance, in the cases expressly provided for in the law;

2. The Supreme Court of Justice shall consist of career judges, magistrates of the Public Prosecution or jurists of recognised merit in number to be established by law, as follows:

a) One elected by the National Parliament;
b) And all the others designated by the Superior Council for the Judiciary.

Section 126
(Electoral and Constitutional Competence)

1. It is incumbent upon the Supreme Court of Justice, on legal and constitutional matters:

a) To review and declare the unconstitutionality and illegality of normative and legislative acts by the organs of the State;
b) To provide an anticipatory verification of the legality and constitutionality of the statutes and referenda;
c) To verify cases of unconstitutionality by omission;
d) To rule, as a venue of appeal, on the suppression of norms considered unconstitutional by the courts of instance;
e) To verify the legality regarding the establishment of political parties and their coalitions and order their registration or dissolution, in accordance with the Constitution and the law;
f) To exercise all other competencies provided for by the Constitution or the law.

2. It is incumbent upon the Supreme Court of Justice, in the specific field of elections:

a) To verify the legal requirements for candidates for the office of President of the Republic;
b) To certify at last instance the regularity and validity of the acts of the electoral process, in accordance with the respective law;
c) To validate and proclaim the results of the electoral process.

Section 127
(Eligibility)

1. Only career judges or magistrates of the Public Prosecution or jurists of recognised merit of East Timorese nationality may become members of the Supreme Court of Justice.
2. In addition to the requirements referred to in the preceding item, the law may define other requirements.

Section 128
(Superior Council for the Judiciary )

1. The Superior Council for the Judiciary is the organ of management and discipline of the judges of the courts and it is incumbent upon it to appoint, assign, transfer and promote the judges.
2. The Superior Council for the Judiciary shall be presided over by the President of the Supreme Court of Justice and shall have the following members:

a) One designated by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected by the judges of the courts of law from among their peers;

3. The law shall regulate the competence, organisation and functioning of the Superior Council for the Judiciary.

Section 129
(High Administrative, Tax and Audit Court)

1. The High Administrative, Tax and Audit Court is the highest body in the hierarchy of the administrative, tax and audit courts, without prejudice to the competence of the Supreme Court of Justice.
2. The President of the High Administrative, Tax and Audit Court is elected from among and by respective judges for a term of office of four years.
3. It is incumbent upon the High Administrative, Tax and Audit Court as a single instance to monitor the lawfulness of public expenditure and to audit State accounts.
4. It is incumbent upon the High Administrative, Tax and Audit Court and the administrative and tax courts of first instance:

a) To judge actions aiming at resolving disputes arising from legal, fiscal and administrative relations;
b) To judge contentious appeals against decisions made by State organs, their respective office holders and agents;
c) To perform all the other functions as established by law.

Section 130
(Military Courts)

1. It is incumbent upon military courts to judge in first instance crimes of military nature.
2. The competence, organisation, composition and functioning of military courts shall be established by law.
Section 131
(Court Hearings)

Court hearings shall be public, unless the court hearing a matter rules otherwise through a well-founded order to safeguard personal dignity or public morality and national security, or guarantee its own smooth operation.

CHAPTER II

PUBLIC PROSECUTORS

Section 132
(Functions and Status)

1. Public Prosecutors have the responsibility for representing the State, taking criminal action, ensuring the defence of the underage, absentees and the disabled, defending the democratic legality, and promoting the enforcement of the law.
2. Public Prosecutors shall be a body of judicial officers, hierarchically graded, and shall be accountable to the Prosecutor-General .
3. In performing their duties, Public Prosecutors shall be subject to legality, objectivity and impartiality criteria, and obedience to the directives and orders as established by law.
4. Public Prosecutors shall be governed by their own statutes, and shall only be suspended, retired or dismissed under the circumstances provided for in the law.
5. It is incumbent upon the Office of the Prosecutor-General to appoint, assign, transfer and promote public prosecutors and exercise disciplinary actions.

Section 133
(Office of the Prosecutor-General )

1. The Office of the Prosecutor-General is the highest authority in public prosecution, and its composition and competencies shall be defined by law.
2. The Office of the Prosecutor-General shall be headed by the Prosecutor-General , who, in his or her absence or inability to act, shall be replaced in accordance with the law.
3. The Prosecutor-General shall be appointed by the President of the Republic for a term of office of six years, in accordance with the terms established by law.
4. The Prosecutor-General shall be accountable to the Head of State and shall submit annual reports to the National Parliament.
5. The Prosecutor-General shall request the Supreme Court of Justice to make a generally binding declaration of unconstitutionality of any law ruled unconstitutional in three concrete cases.
6. Deputy Prosecutor-General s shall be appointed, dismissed or removed from office by the President of the Republic after consultation with the Superior Council for the Public Prosecution.

Section 134
(Superior Council for the Public Prosecution)

1. The Superior Council for the Public Prosecution is an integral part of the office of the Prosecutor-General .
2. The Superior Council for the Public Prosecution shall be headed by the Prosecutor-General and shall comprise the following members:

a) One designated by the President of the Republic;
b) One elected by the National Parliament;
c) One designated by the Government;
d) One elected by the magistrates of the Public Prosecution from among their peers.

3. The law shall regulate the competence, organisation and functioning of the Superior Council for the Public Prosecution.

CHAPTER III
LAWYERS
Section 135
(Lawyers)

1. Legal and judicial aid s of social interest, and lawyers and defenders shall be governed by this principle.
2. The primary role of lawyers and defenders is to contribute to the good administration of justice and the safeguard of the rights and legitimate interests of the citizens.
3. The activity of lawyers shall be regulated by law.

Section 136
(Guarantees in the activity of lawyers)

1. The State shall, in accordance with the law, guarantee the inviolability of documents related to legal proceedings. No search, seizure, listing or other judicial measures shall be permitted without the presence of the competent magistrate and, whenever possible, of the lawyer concerned.
2. Lawyers have the right to contact their clients personally with guarantees of confidentiality, especially where the clients are under detention or arrest in military or civil prison centres.

TITLE VI
PUBLIC ADMINISTRATION

Section 137
(Public Administration general principles)

1. Public Administration shall aim at meeting public interest, in the respect for the legitimate rights and interests of citizens and constitutional institutions.
2. The Public Administration shall be structured to prevent excessive bureaucracy, provide more accessible services to the people and ensure the contribution of individuals interested in its efficient management.
3. The law shall establish the rights and guarantees of the citizens, namely against acts likely to affect their legitimate rights and interests.

PART IV
ECONOMIC AND FINANCIAL ORGANISATION
TITLE I
GENERAL PRINCIPLES
Section 138
(Economic organisation)

The economic organisation of East Timor shall be based on the combination of community forms with free initiative and business management, as well as on the co-existence of the public sector, the private sector and the co-operative and social sector of ownership of means of production.

Section 139
(Natural resources)

1. The resources of the soil, the subsoil, the territorial waters, the continental shelf and the exclusive economic zone, which are essential to the economy, shall be owned by the State and shall be used in a fair and equitable manner in accordance with national interests.
2. The conditions for the exploitation of the natural resources referred to in item 1 above should lend themselves to the establishment of mandatory financial reserves, in accordance with the law.
3. The exploitation of the natural resources shall preserve the ecological balance and prevent destruction of ecosystems.

Section140
(Investments)

The State shall promote national investment and establish conditions to attract foreign investment, taking into consideration the national interests, in accordance with the law.

Section141
(Land)

Ownership, use and development of land as one of the factors for economic production shall be regulated by law.

TITLE II
FINANCIAL AND TAX SYSTEM

Section 142
(Financial system)

The structure of the financial system shall be determined by the law in such a way as to guarantee that savings are encouraged and built up with security and that the financial resources necessary for economic and social development are provided.

Section 143
(Central Bank)

1. The State shall establish a national central bank jointly responsible for the definition and implementation of the monetary and financial policy.
2. The Central Bank functions and its relationship with the National Parliament and the Government shall be established by law, safeguarding the management autonomy of the financial institution.
3. The Central Bank shall have exclusive competence for issuing the national currency.

Section 144
(Tax System)

1. The State shall establish a tax system aimed at meeting the financial requirements of the State and the fair distribution of national income and wealth.
2. Taxes shall be established by law, which shall determine the incidence, tax benefits and the guarantees of taxpayers.

Section 145
(State Budget)

1. The State Budget shall be prepared by the Government and approved by the National Parliament.
2. The Budget law shall provide, based on efficiency and effectiveness, a breakdown of the revenues and expenditures of the State, as well as preclude the existence of secret appropriations and funds.
3. The execution of the Budget shall be monitored by the High Administrative, Tax and Audit Court and by the National Parliament.

PART V
NATIONAL DEFENCE AND SECURITY
Section 146
(Defence Force)

1. The East Timor defence force, FALINTIL-ETDF, composed exclusively by national citizens, has the responsibility of providing military defence for the Democratic Republic of East Timor and shall have a single system of organisation for the whole national territory.
2. FALINTIL-ETDF shall guarantee national independence, territorial integrity and the freedom and security of the populations against any aggression or external threat, in respect for the constitutional order.
3. FALINTIL-ETDF shall be non-partisan and shall owe obedience to the competent organs of sovereignty in accordance with the Constitution and the laws, and shall not intervene in political matters.

Section 147
(Police and security forces)

1. The police shall defend the democratic legality and guarantee the internal security of the citizens, and shall be strictly non-partisan.
2. Prevention of crime shall be undertaken with due respect for human rights.
3. The law shall determine the rules and regulations for the police and other security forces.

Section 148
(Superior Council for Defence and Security)

1. The Superior Council for Defence and Security is the consultative organ of the President of the Republic on matters relating to defence and sovereignty.
2. The Superior Council for Defence and Security shall be headed by the President of the Republic and shall include civilian and military entities, the number of civilian entities being higher than the number of military entities.
3. The composition, organisation and functioning of the Superior Council for Defence and Security shall be defined by law.

PART VI
GUARANTEE AND REVISION OF THE CONSTITUTION

TITLE I
GUARANTEE OF THE CONSTITUTION

Section 149
(Anticipatory review of constitutionality)

1. The President of the Republic may request the Supreme Court of Justice to undertake an anticipatory review of the constitutionality of any statute submitted to him or her for promulgation.
2. The preventive review of the constitutionality may be requested within twenty days from the date on which the statute is received, and the Supreme Court of Justice shall hand down its ruling within twenty-five days, a time limit that may be reduced by the President of the Republic for reasons of emergency.
3. If the Supreme Court of Justice rules that the statute is unconstitutional, the President of the Republic shall submit a copy of the ruling to the Government or the National Parliament and request the reformulation of the statute in accordance with the decision of the Supreme Court of Justice.
4. The veto for unconstitutionality of a statute from the National Parliament that has been submitted for promulgation can be circumvented under section 88, with the necessary adaptations.

Section 150
(Abstract review of constitutionality)

Declaration of unconstitutionality may be requested by:

a) The President of the Republic;
b) The Speaker of the National Parliament;
c) The Prosecutor-General , based on the refusal by the courts, in three concrete cases, to apply a statute deemed unconstitutional;
d) The Prime Minister;
e) One fifth of the Members of the National Parliament;
f) The Ombudsman.

Section 151
(Unconstitutionality by omission)

The President of the Republic, the Prosecutor-General and the Ombudsman may request the Supreme Court of Justice to review the unconstitutionality by omission of any legislative measures deemed necessary to enable the implementation of the constitutional provisions.

Section 152
(Appeals on constitutionality)

1. The Supreme Court of Justice has jurisdiction to hear appeals against any of the following court decisions:
a) Decisions refusing to apply a legal rule on the grounds of unconstitutionality;
b) Decisions applying a legal rule the constitutionality of which was challenged during the proceedings.

2. An appeal under paragraph (1) (b) may be brought only by the party who raised the question of unconstitutionality.
3. The regime for filing appeals shall be regulated by law.

Section 153
(Decisions of the Supreme Court of Justice)

Decisions of the Supreme Court of Justice shall not be appealable and shall be published in the official gazette. They shall have a general binding effect on processes of abstract and concrete monitoring, when dealing with unconstitutionality.

TITLE II
CONSTITUTONAL REVISION

Section 154
(Initiative and time of revision)

1. It is incumbent upon Members of Parliament and the Parliamentary Groups to initiate constitutional revision.
2. The National Parliament may revise the Constitution after six years have elapsed since the last date on which a law revising the Constitution was published.
3. The period of six years for the first constitutional review shall commence on the day the present Constitution enters into force.
4. The National Parliament, regardless of any timeframe, may take on powers to revise the Constitution by a majority of four-fifths of the Members of Parliament in full exercise of their functions.
5. Proposals for revision should be submitted to the National Parliament one hundred and twenty days prior to the date of commencement of debate.
6. After submission of a proposal for constitutional revision under the terms of item 5 above, any other proposal shall be submitted within 30 days.

Section 155
(Approval and promulgation)

1. Amendments to the Constitution shall be approved by a majority of two-thirds of the Members of Parliament in full exercise of their functions.
2. The new text of the Constitution shall be published together with the revision law.
3. The President of the Republic shall not refuse to promulgate a revision law.

Section 156
(Limits on matters of revision)

1. Laws revising the Constitution shall respect:
a) National independence and the unity of the State;
b) The rights, freedoms and guarantees of citizens;
c) The republican form of government;
d) The separation of powers;
e) The independence of the courts;
f) The multi-party system and the right of democratic opposition;
g) The free, universal, direct, secret and regular suffrage of the office holders of the organs of sovereignty, as well as the system of proportional representation;
h) The principle of administrative deconcentration and decentralisation;
i) The National Flag;
j) The date of proclamation of national independence.

2. Paragraphs c) and i) may be reviewed through a national referendum, in accordance with the law.
Section 157
(Limits on time of revision)

No action may be taken to revise the Constitution during a state of siege or a state of emergency.

PART VII
FINAL AND TRANSITIONAL PROVISIONS

Section 158
(Treaties, agreements and alliances)

1. Confirmation, accession and ratification of bilateral and multilateral conventions, treaties, agreements or alliances that took place before the entry into force of the present Constitution shall be decided upon by the respective competent bodies on a case-by-case basis.
2. The Democratic Republic of East Timor shall not be bound by any treaty, agreement or alliance entered into prior to the entry into force of the Constitution which is not confirmed or ratified or adhered to, pursuant to item 1 above.
3. The Democratic Republic of East Timor shall not recognise any acts or contracts concerning the natural resources, referred to in item 1 of Section 139 entered into or undertaken prior to the entry into force of the Constitution which are not confirmed by the competent bodies after the Constitution enters into force.

Section 159
(Working Languages)

Indonesian and English shall be working languages within civil service side by side with official languages as long as deemed necessary.

Section 160
(Serious Crimes)

Acts committed between the 25th of April 1974 and the 31st of December 1999 that can be considered crimes against humanity of genocide or of war shall be liable to criminal proceedings with the national or international courts.

Section 161
(Illegal appropriation of assets )

Illegal appropriation of mobile and fixed assets that took place before the entry into force of the present Constitution is considered crime and shall be resolved as provided for in the Constitution and the law.

Section 162
(Reconciliation)

1. It is incumbent upon the Commission for Reception, Truth and Reconciliation to discharge functions conferred to it by UNTAET Regulation No. 2001/10.
2. The competencies, mandate and objectives of the Commission shall be redefined by the Parliament whenever necessary.
Section 163
(Transitional judicial organization)

1. The collective judicial instance existing in East Timor, integrated by national and international judges with competencies to judge serious crimes committed between the 1st of January and the 25th of October 1999, shall remain operational for the time deemed strictly necessary to conclude the cases under investigation.
2. The judicial Organization existing in East Timor on the day the present Constitution enters into force shall remain operational until such a time as the new judicial system is established and starts its functions.

Section 164
(Transitional competence of the Supreme Court of Justice)

1. After the Supreme Court of Justice starts its functions and before the establishment of courts as laid down in Section 129, the respective competence shall be exercised by the Supreme Court of Justice and other courts of justice.
2. Until such a time as the Supreme Court of Justice is established and starts its functions all powers conferred to it by the Constitution shall be exercised by the highest judicial instance of the judicial organization existing in East Timor.

Section 165
(Previous Law)

Laws and regulations in force in East Timor shall continue to be applicable to all matters except to the extent that they are inconsistent with the Constitution or the principles contained therein.

Section 166
(National Anthem)

Until the national anthem is approved by the ordinary law pursuant to item 2 of Section 14 “Pátria, Pátria, Pátria , Timor -Leste a nossa nação “ shall be sung in official ceremonies.

Section 167
(Transformation of the Constitutional Assembly)

1. The Constitutional Assembly shall be transformed into a National Parliament with the approval of the Constitution of the Republic.

2. In its first term of office, the National Parliament shall be comprised of eighty-eight members on an exceptional basis.

3. The Speaker of the Constituent Assembly shall remain in office until such a time as the National Parliament elects its Speaker as provided for in the Constitution.

Section 168
(Second Transitional Government)

The Government appointed under UNTAET Regulation No. 20012/28 shall remain in office until such a time as the first the constitutional Government is appointed and sworn in by the President of the Republic , as provided for in the Constitution.

Section 169
(Presidential Election of 2002)

The President elected under UNTAET Regulation No. 2002/01 shall take on the competencies and fulfil the mandate provided for in the Constitution.

Section 170
(Entry into force of the Constitution)

The Constitution of the Democratic Republic of East Timor shall enter into force on the 20th of May of 2002.

Fuyu No Uta

2009-03-20T03:48:00.000+07:00

Japanese Song From Kiroro... Iwant lok my Step God sing a song in your blogs....
Konna tooi machi ni mo
Yume wo ataete kureru
Shiroi konayuki ga futte
Kokoro ni todoku yo winter song

Futo iki wo kakeru dake de
Kiesou ni yureru akari
Sora ni kagayaku hoshitachi yori mo
Takumashiku ikiteru
Donna ni hanarete itemo
Anata ga soba ni ite kureru
Onaji yoru demo shinjiru koto de
Yasashii kaze ga fuiteru

Hiroi sora ni mukatte
Ryoute takaku hiroge
Shiroi konayuki ga yasashiku
Kokoro ni todoku yo winter song

Wasure kakete ita yume wo
Kokoro no naka ni egaita
Anata no koe ga kikitakute
Hitomi wo tojite miru
Kasuka ni kikoete kuru yo
Gin sekai no oorugooru
Matsuge ni tomatta hitotsubu no
Onpu ga hibiite iru

Konna tooi machi ni mo
Yume wo ataete kureru
Shiroi konayuki ga futte
Kokoro ni todoku yo winter song

Hiroi sora ni mukatte
Ryoute takaku hiroge
Shiroi konayuki ga yasashiku
Kokoro ni todoku yo winter song

Konna tooi machi ni mo
Yume wo ataete kureru
Shiroi konayuki ga futte
Kokoro ni todoku yo winter song

Hiroi sora ni mukatte
Ryoute takaku hiroge
Shiroi konayuki ga yasashiku
Kokoro ni todoku yo winter song

Konna tooi machi ni mo
Yume wo ataete kureru
Shiroi konayuki ga futte
Anata ni todokete winter song

Kiss Of Life

2009-03-20T03:44:00.000+07:00

Words: Sade Adu Music: Sade Adu, Paul Denman, Andrew Hale and Stuart Matthewman There must have been an angel by my side Something heavenly led me to you Look at the sky It's the colour of love There must have been an angel by my side Something heavenly came down from above He led me to you He led me to you He built a bridge to your heart All the way How many tons of love inside I can't say When I was led to you I knew you were the one for me I swear the whole world could feel my heartbeat When I lay eyes on you Ay ay ay You wrapped me up in The colour of love You gave me the kiss of life Kiss of life You gave me the kiss that's like The kiss of life Wasn't it clear from the start Look the sky is full of love Yeah the sky is full of love He built a bridge to your heart All the way How many tons of love inside I can't say You gave me the kiss of life Kiss of life You gave me the kiss that's like The kiss of life You gave me the kiss of life Kiss of life You gave me the kiss that's like The kiss of life You gave me the kiss of life Kiss of life You gave me the kiss that's like The kiss of life You wrapped me up in the colour of love Must have been an angel came down from above Giving me love yeah Giving me love yeah You gave me the kiss of life Kiss of life You gave me the kiss of life Kiss of life

All For Love

2009-03-20T03:41:00.000+07:00

Sting, Rod Steward And Bryan adam
When it's love you give
(I'll be a man of good faith.)
then in love you live.
(I'll make a stand. I won't break.)
I'll be the rock you can build on,
be there when you're old,
to have and to hold.

When there's love inside
(I swear I'll always be strong.)
then there's a reason why.
(I'll prove to you we belong.)
I'll be the wal that protects you
from the wind and the rain,
from the hurt and pain.

Let's make it all for one and all for love.
Let the one you hold be the one you want,
the one you need,
'cause when it's all for one it's one for all.
When there's someone that should know
then just let your feelings show
and make it all for one and all for love.

When it's love you make
(I'll be the fire in your night.)
then it's love you take.
(I will defend, I will fight.)
I'll be there when you need me.
When honor's at stake,
this vow I will make:

that it's all for one and all for love.
Let the one be the one you want,
the one you need,
'cause when it's all for one it's one for all.
When there's someone that should know
then just let your feelings show
and make it all for one and all for love.

Don't lay our love to rest
'cause we could stand up to you test.
We got everything and more than we had planned,
more than the rivers that run the land.
We've got it all in our hands.

Now it's all for one and all for love.
(It's all for love.)
Let the one you hold be the one you want,
the one you need,
'cause when it's all for one it's one for all.
(It's one for all.)
When there's someone that should know
then just let your feelings show.
When there's someone that you want,
when there's someone that you need
let's make it all, all for one and all for love.

Every Breath You Take

2009-03-20T03:36:00.001+07:00

This Song spesialy for My Inspirator My Step God Liania Shinta

Every breath you take
And every move you make
Every bond you break, every step you take
I'll be watching you

Every single day
And every word you say
Every game you play, every night you stay
I'll be watching you

Oh, can't you see
You belong to me?
How my poor heart aches
With every step you take
Every move you make
Every vow you break
Every smile you fake, every claim you stake
I'll be watching you

Since you've gone I've been lost without a trace
I dream at night, I can only see your face
I look around, but it's you I can't replace
I feel so cold, and I long for your embrace
I keep crying baby, baby please,
Oh, can't you see
You belong to me?
How my poor heart aches
With every step you take
Every move you make
Every vow you break
Every smile you fake, every claim you stake
I'll be watching you
Every move you make, every step you take
I'll be watching you
I'll be watching you

In the late '80's Sting recorded a new version of the song known as "Every Bomb
You Make" which was played out over the closing credits of the UK satirical TV show
"Spitting Image". The rewritten lyrics were:
Every bomb you make
Every job you take
Every heart you break, every Irish wake
I'll be watching you
Every wall you build
Every one you've killed
Every grave you've filled, all the blood you've spilled
I'll be watching you
Oh, can't you see
You belong to me?

Breathe Again

2009-03-20T03:32:00.000+07:00

I'm still love u...
If I never feel you in my arms again,
if I never feel your tender kiss again,
if I never hear "I love you" now and then,
will I never make love to you once again?
Please understand, if love ends,
then I promise you, I promise you that,
that I shall never breathe again.
Breathe again, breathe again,
that I shall never breathe again.

And I can't stop thinking about,
about the way things used to be,
and I can't stop thinking about,
about the love that you made to me.
And I can't get you out of my head;
how in the world will I begin
to let you walk right out of my life
and throw my heart away?
And I can't stop caring about,
about the apple of my eye,
and I can't stop doing without,
without the center of my life.
And I can't get you out of my head,
and I know I can't pretend
that I won't die if you decide
you won't see me again.

If I never feel you in my arms again,
if I never feel your tender kiss again,
if I never hear "I love you" now and then,
will I never make love to you once again?
Please understand, if love ends,
then I promise you, I promise you that,
that I shall never breathe again.
Breathe again, breathe again,
that I shall never breathe again.

And I can't stop thinking about,
about the way my life would be.
No, I can't stop thinking about,
how could you love me then leave?
And I can't get you out of my mind,
God knows how hard I've tried,
and if you walk right out my life,
God knows I'm sure to die.
And I can't stop doing without,
without the rhythm of my heart.
No, I can't stop doing without,
for I will surely fall apart.
And I can't get you out of my mind,
and I know I can't deny,
and I would die if you decide
you won't see me again.

(Chorus one more time)

Have You Ever Really Loved A Woman?

2009-03-20T03:30:00.000+07:00

This song is my inspiration for my blog that I present to My Step God Liania Shinta
To really love a woman
To understand her - you gotta know her deep inside
Hear every thought - see every dream
N' give her wings - when she wants to fly
Then when you find yourself lyin' helpless in her arms
Ya know ya really love a woman

When you love a woman you tell her that she's really wanted
When you love a woman you tell her that she's the one
Cuz she needs somebody to tell her that it's gonna last forever
So tell me have you ever really - really really ever loved a woman?

To really love a woman
Let her hold you - til ya know how she needs to be touched
You've gotta breathe her - really taste her
Til you can feel her in your blood
N' when you can see your unborn children in her eyes
Ya know ya really love a woman

When you love a woman you tell her that she's really wanted
When you love a woman you tell her that she's the one
Cuz she needs somebody to tell her that you'll always be together
So tell me have you ever really - really really ever loved a woman?

You got to give her some faith - hold her tight
A little tenderness - gotta treat her right
She will be there for you, takin' good care of you
Ya really gotta love your woman...

I Swear

2009-03-20T03:27:00.000+07:00

I Hope U like with this song....from All 4 One
I swear.....
By the moon and the stars in the skies
And I swear
Like the shadow that's by your side

I see the questions in your eyes
I know what's weighing on your mind
You can be sure I know my part
'Cause I stand beside you through the years
You'll only cry those happy tears
And though I make mistakes
I'll never break your heart

{Chorus}:
And I swear
By the moon and the stars in the skies
I'll be there
I swear
Like the shadow that's by your side
I'll be there
For better or worse, 'til death do us part
I'll love you with every beat of my heart
I swear

I'll give you everything I can
I'll build your dreams with these two hands
We'll hang some memories on the walls
And when, and when just the two of us are there
You won't have to ask if I still care
'Cause as the time turns the page
My love won't age at all

{Chorus}

I swear

I'll Make Love to You

2009-03-20T03:22:00.001+07:00

This is song From Boz II Man,for U My Step God Liania Shinta
Close your eyes, make a wish
And blow out the candlelight
For tonight is just your night
We're gonna celebrate, all thru the night
Pour the wine, light the fire
Girl your wish is my command
I submit to your demands
I'll do anything, girl you need only ask

Chorus:
I'll make love to you
Like you want me to
And I'll hold you tight
Baby all through the night
I'll make love to you
When you want me to
And I will not let go
Till you tell me to

Girl relax, let's go slow
I ain't got nowhere to go
I'm just gonna concentrate on you
Girl are you ready, it's gonna be a long night
Throw your clothes on the floor
I'm gonna take my clothes off too
I made plans to be with you
Girl whatever you ask me you know I'll do

Chorus

Baby tonight is your night
And I will do you right
Just make a wish on your night
Anything that you ask
I will give you the love of your life

Chorus